JUDGMENT

Mr. Pankaj Jain, J.

(Oral) By way of present writ petition, the petitioners are seeking mandate to the respondents directing them to relieve the petitioners from their posting/assignment with the Special Weapons and Tactics (for brevity referred to as 'SWAT') in terms of executive instructions in the form of standing order No.6 of 2010 issued by respondent No.2. The petitioners further prayed for posting of their choice in the District cadre of Punjab Police and also for release of special risk and compensatory allowance @ 50% of the basic pay and salary again in terms of standing order No.6 of 2010. In the long and short, the petitioners are claiming to be covered under standing order No.6 of 2010 and pray for implementation thereof qua them.

2. Keeping in view the challenges being faced by Punjab being a border State, Punjab Ordinance No.4 of 2010 was promulgated on 21.05.2010 with an objective to provide for the constitution and regulation of an armed force of the State of Punjab for combating anti-national forces and for providing proximate security to the highly threatened persons and the members of their immediate families including the matters connected therewith or incidental thereto. The ordinance provided that there shall be an armed force of the State of Punjab to be called the 'Special Security Group' for the aforesaid purpose and that every member of such special group shall be subject to the provisions of the ordinance. The ordinance further provided that the terms and conditions of the services of the members of the Group, shall be such, as may be prescribed. It empowered the Director General of State Police to make regulations in respect of induction, structure, weaponry, administration wing, technical wing, transfer wing, training, uniform, incentives and verification of character and antecedents of the members of the group in consultation with the Government. It is claimed that in order to meet the requirements of the ordinance, standing order No.6 of 2010 was issued by the Director General of Police i.e. respondent No.2 which provided for the structure and organization of the special security group, its duties/functions, composition, tenure, special allowances, insurance, training, secret service point, uniform allowance.

3. The petitioners' claimed in the present writ petition that since they were recruited from armed cadre of Punjab Police to constitute SWAT in terms of ordinance No.4 of 2010 read with the standing order No.6 of 2010. They need to be relieved in terms thereof and be granted incentives in terms of standing order No.6 of 2010 which has a statutory force having been issued exercising power understanding order No.6 of 2010 ordinance.

4. Counsel for the petitioners further submits that the State is conscious of the right of the petitioners and other persons constituting Special Operation Groups and the same is evident from amendment carried out in the amended provision of Section 4 of the PUNJAB POLICE ACT , 2007 which provides for an exception qua the officers of subordinate rank working in a Special Operation Groups to be transferred to district police after successful completion of fixed tenure in Special Operation Group as specified by the Government.

5. Right of the petitioners for seeking implementation of standing order No.6 of 2010 is being resisted by State of Punjab claiming that the petitioners belong to SWAT. The SWAT team is working under the supervision of ADGP (Operation), Punjab cum SOG and Commando