| Citation(s) |
|---|
| 1996 SLG 711 1996 SLD 711 1996 PLC 878 |
Supreme Court of Pakistan
Civil Appeals Nos. 692 and 693 of 1995, decision dated: 10-03-1996, hearing DATE : 31st January, 1996
SAIDUZZAMAN SIDDIQUI, MUKHTAR AHMAD, JUNEJO AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Shah Abdul Rashid, Advocate Supreme Court for Appellants (in C.A. No. 692 of 1995) Gul Zarin Kiani, Advocate Supreme Court and Ch. Akhtar Ali; Advocate-on-Record (in C.A. No. 692 of 1995) Ch. Ghulam Qadir, Advocate. Supreme Court for Appellants (in C.A.
Civil Appeals Nos. 692 and 693 of 1995, decision dated: 10-03-1996, hearing DATE : 31st January, 1996
SAIDUZZAMAN SIDDIQUI, MUKHTAR AHMAD, JUNEJO AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Shah Abdul Rashid, Advocate Supreme Court for Appellants (in C.A. No. 692 of 1995) Gul Zarin Kiani, Advocate Supreme Court and Ch. Akhtar Ali; Advocate-on-Record (in C.A. No. 692 of 1995) Ch. Ghulam Qadir, Advocate. Supreme Court for Appellants (in C.A.
NEIMAT ALI GORAYA and 3 others
VS
JAFFAR ABBAS, INSPECTOR/SERGEANT TRAFFIC through S.P. Traffic, Lahore and others NEIMAT ALI GORAYA and 3 others Vs JAFFAR ABBAS, INSPECTOR/SERGEANT TRAFFIC through S.P. Traffic, Lahore and others
Law:
Section:
(a) Police Rules, 1934--- ----R. 13.21(2)---Constitution of Pakistan (1973), Art. 212---Seniority--Assignment of seniority on basis of merit---Service Tribunal in case of Police Officers not applying Police Rules, 1934 but instead applying general rules for assigning seniority---Validity---Leave to appeal was granted to consider whether Service Tribunal had erred in not applying R. 13 21(2), Police Rules, 1934 and instead applied general rules; whether in presence of special rules providing for fixation of seniority in Police Department, resort could not have been made to general rules. Inspector-General of Police, Punjab, Lahore and others v. Mushtaq Ahmad Warraich and others PLD 1985 SC 159 rel. (b) Police Rules, 1934--- ----R. 12.2(3)- Punjab Civil Servants (Appointment and Conditions of Service) Rules. 1974, R. 8---Seniority---Assignment of seniority to Police Officers inter se---Special law or general law---Applicability for determining seniority--Where a general law as well as special law applied to a particular case then to the extent of application of special law in that case, provisions of general law would stand displaced---Rule 8, Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 is general provision of law applicable to all directly recruited civil servants in Punjab for determining their seniority inter se, while R. 12.2(3), Police Rules, 1934, which also deals with the same subject, is applicable to specific category of civil servants, namely, members of police force---Rule 12.2(3), Police Rules, 1934, therefore, is a special provision of law, while R. 8, Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, is general provision of law, both- dealing with the same subject--Provision of R. 12.2(3), Police Rules, 1934, therefore, would apply in case of Police Officers and to that extent R. 8, Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, would be inapplicable---Both sets of civil servants having been recruited and confirmed on the same date, their seniority was rightly determined under R. 12.2(3), Police Rules, 1934 by Departmental Authority in accordance with the…
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