Law:

Section:

Principle of Law-- ----It is settled law that the operation of a statute or any statutory provision is not dependent upon framing of Rules. Sindh Civil Servant Act, 1973-- ----S. 9-A--Statute--Absence of Rules may effect enforceability or operatability of statute-Where Rules were to prescribe procedure for claiming benefits under provision and such could not be claimed unless procedure prescribed in statute was adopted. Punjab Civil Servant Act, 1974-- ----S. 8-A--Punjab Civil Servants (Appointments and Conditions of Service) Rules, 1974, R. 14-A--Promotion--Police official--Out of turn promotion--Notification--Recommendation were not considered--Petitions were allowed--Assailed--Legislative competence alone cannot be made a ground of saving impugned provision, unless relevant Constitutional provisions are amended, which is not case in hand--Brunt of out of turn promotions is always borne by individual officers who were bypassed due to out of turn promotions--Damaging effect on careers of deserving officers who suffered due to these out of turn promotions continue during service and even after retirement in terms of pensionary benefits--If beneficiaries of illegal exercise are reverted to positions to which they would have been entitled to, on their respective merit and promotion, on their turn, that would immediately open up vistas of promotion for those deserving officers who were earlier bypassed due to out of turn promotions--Once a statute has been declared as being unconstitutional for any reason, all direct benefits continuing to flow from same are to be stopped--Term 'out of turn promotion' used in Section 8-A is not violative of provisions of Constitution guaranteeing fundamental rights to civil servants--But none of them had addressed us on issue-While beneficiaries of repealed law could invoke its provisions to justify their out of turn promotions and yet raise an impenetrable bar, if Court seeks to examine its consistency with provisions of Constitution and Fundamental Rights--Indeed case of Petitioners claiming out of turn promotion under repealed statute of Punjab is on a weaker wicket as compared to officers whose out of turn promotions were…