Law:

Section:

Punjab Police Rules, 1934-- ----Vol. 1, rr. 10.75 & 10.76 read with Civil Servants (Non-Gazetted) Pay Revision Rules 1959 and Constitution of Pakistan (1962), Art. 182­Respondents not shown to have exercised option in favour of Civil Servants (Non-Gazetted) Pay Revision Rules, 1959-Respondents held, continued to be governed by Punjab Police. Rules, rr. 10.75 & 10.76 and such rules not overruled by Pay Revision Rules of 1959-Rule framing authority powerless to overrule Rules 10.75 & 10.76 in view of Constitutional bar in Art. 182, Constitution (1962)-Constitution of Pakistan (1961), Art. 182. ORDER In there three Appeals Nos. 535, 552 and 549 preferred by the Govern­ment of the Punjab, against Malik Ghulam Hussain, Ch. Mohammad Siddiq and Rana Fiyaz Hussain have been directed against the order of the senior Civil Judge, Montgomery (now Sahiwal) decreeing the suit of the respondents allowing them House Rent @ Rs. 35 p.m. and conveyance allowance @ Rs. 11/4 in either case. The three appeals involve the common question of law and therefore are disposed of by this consolidated order. In these appeals the respondents who held the rank of Prosecution Inspectors and Sub-Inspectors respectively initially joined the Police Depart­ment on the terms and conditions advertised for the posts held by them which inter alia included the above allowances as part of the emoluments. These emoluments were admissible to them under the provisions of rule 10.75 and rule 10.76 of the Police Rules framed by the Inspector. General of Police under sections 7 and 12 of the Police Act (V of 1861). After the enforcement of West Pakistan Civil Servants (Non-Gazetted) Pay Revision Rules, 1959, effective from 14th October 1955, a letter Exh. P/5 (in the Civil Suit) was issued by the Secretary to Government, Home Department addressed to the Inspector-General of Police; West Pakistan discounting all other allowances to the prosecution staff excepting the Special pay. The learned trial Court on 30-3-64 held that the provisions of West Pakistan Civil Servants (Non-Gazetted) Pay Revision Rules, 1959 could only be made applicable to the present respondents if they had opted for the same.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492