Law:

Section:

(a) Civil Servants Act (LXXI of 1973)--- ----Preamble---Police Service of Pakistan (Composition Cadre and Seniority) Rules, 1985, Preamble---Provincial Police Officers---Promotion of---All Pakistan Service---Contention of petitioners being Provincial Police Officers BPS-17 was that there was no service structure for them beyond BPS-18 at provincial level---Validity---Provincial Police Officers on reaching BPS-18 would enter the All Pakistan Service and they would be governed under Civil Servants Act, 1973 and Police Service of Pakistan (Composition Cadre and Seniority) Rules, 1985---Provincial Police Officers up to BPS-17 were not to be dealt with by or under Federal Service Laws but when they reached for promotion to BPS-18 then they would enter (encadred into) the Federal Public Service and only thereafter their service would come under the Federal Service regime---Provincial Services and Federal Services were not only distinct services but had also been kept separate with their distinct allocated realm of administrative fields---Services which were common to both the Federation and Provinces had been vested in the jurisdiction of Parliament---Constitutional Court had no jurisdiction to strike down rules with regard to terms and conditions of service of a civil servant even if challenge was made on the touchstone of violation of fundamental rights---Constitutional Courts could refuse relief on the ground of jurisdiction but Government was to ensure a transparent and conducive service environment---Provincial and Federal Government should convene a joint meeting to consider the grievance of the petitioners---Constitutional petition was dismissed in circumstances. Muhammad Zafar Ali's case 2015 SCMR 365; Mian Amanul Mulk's case PLD 1981 Pesh. 1; Abdul Bari's case PLD 1987 Kar. 290 and Qamar Dost Khan's case 2006 SCMR 1630 ref. Mehrajuddin's case PLD 1959 SC (Pak) 147; Wood v. Riley (1867) LR 3 CP-26; Re: Marr and another (bankrupts) case (1990) 2 All ER 880 and Contempt Proceedings Against Chief Secretary Sindh 2013 SCMR 1752 rel. (b) Constitution of Pakistan--- ----Arts. 212 199---Rules relating to terms and conditions of service---Constitutional jurisdiction…

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