Law:

Section:

(a) Baluchistan Excise Service Rules, 1952-- Read with West Pakistan Excise and Taxation Department Sub-ordinate Service Rules, 1966-Applicability-Rulcs of 1966 expressly prescribing to be prospective, held, could not determine rights to seniority acquired long before their promulgation. (b) Baluchistan Excise Service Rules, 1952-- -- Read with West Pakistan Excise and Taxation Department Sub­ordinate Service Rules, 1966 and Establishment of West Pakistan Act, 1955, S. 10-Rules of 1952, held, not repealed on creation of West Pakistan Province and mere intention of Legislature to frame new rules could not amount to repeal of old Rules.-[Interpretation of statutes] (c) Baluchistan Excise Service Rules, 1952- - Read with West Pakistan Excise and Taxation Department Subordinate Service Rules, 1966 and Establishment of West Pakistan. Act, 1955, S. 10(2)-Rules of 1952 being law within meaning of S. 10(2) of Establishment of West Pakistan Act, 1955, remained in force until repealed-Petitioners and respondents appointed and passing Departmental examination long before repeal of 1952, Rules, their seniority, inter se, held, could only be determined on basis of 1952 Rules and not on 1966 Rules.-[Interpretation of statutes]. (d) Establishment of West Pakistan Act, 1955- -- S. 10-Direction in letter that Service Rules governing Government Servants prior to integration would not apply to persons recruited on or after 14th October, 1955 and matter would be governed by new Service Rules whenever framed by Department-Held, contrary to clear provisions of S. 10 of Act and letter conveying such direction a nullity and of no legal effect. ORDER DORAB PATEL, J.-The dispute ,in this petition for leave is about the seniority list of the Sub-Inspector of the Excise & Taxation (Preventive) Service of the Province of Baluchistan. On the representations made against the seniority list prepared in 1970, this list was revised on 11-4-1973 with the result that the third respondent in this petition (hereinafter called the respondent) was shown as junior to the petitioners in this petition, therefore, the respondent challenged this revised list in an appeal which was heard and allowed by…

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