Law:

Section:

Police Rules, 1934---R.13.8(2)---Promotion to post of Head Constable, examination for---Division of candidates into different batches---Preparation of separate seniority list for each batch rather than a joint list for all batches---Legality---Appellant was selected for Lower School Course along with 413 other Constables---Police department in view of convenience, divided the candidates into three batches---Appellant was placed in batch No. 3 and successfully passed the course and was placed at Serial No. 4 of the final result of his batch, while his overall position in the course from all three batches was 6th---Plea of appellant was that a joint seniority list should have been prepared for all three batches; that formation of three separate batches by taking into consideration the result of each batch separately had affected his seniority and the same should have been determined as per Rule 13.8(2) of Police Rules, 1934---Validity---Police department divided the course into three batches and thereafter determined seniority of candidates in accordance with their batches instead of considering all the course mates of the batches as a whole, thus seniority list prepared was a clear violation of Rule 13.8(2) of Police Rules, 1934---No distinction could be made between the batches as admittedly they all passed on the same day, therefore, they would be considered to have passed simultaneously and as such combined result of all course mates had to be taken into consideration as per Rule 13.8(2) of Police Rules, 1934---Appeal was allowed and police department was directed to proceed in accordance with Rule 13.8(2) of Police Rules, 1934. JUDGMENT IQBAL HAMEEDUR RAHMAN, J.---The instant Civil Appeal, with the leave of the Court, arising on account of judgment dated 17-4-2012 whereby the learned Federal Service Tribunal, Islamabad (hereinafter to be referred as "the Tribunal") had partially accepted the appeal of the appellant but had not considered that the seniority of the appellant had to be determined according to the law in the matter i.e., rule-13.8(2) of Police Rules, 1934 (hereinafter to be referred as "the Rules"), hence this appeal has been preferred by the…

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