Law:

Section:

(a) Interpretation of statutes------- Rules having status of subordinate legislation, could neither be assumed nor presumed, but they were to be interpreted in their letter and spirit---Any incorrect interpretation of rules by a department in a solitary case earlier, could not be cited as a display of general practice. (b) Civil service--- ---- Departmental examination---Criteria for appearance---Promotion---Length of service was not at all required for being a candidate in the departmental examination---Any of the ministerial staff could appear in departmental examination and after qualifying same he could be considered for promotion subject to conditions that the service length as required by rules, had been completed. Muhammad Naseem for Appellants. Niaz Ahmad Khan, Standing Counsel alongwith Zulfiqar Ahmed, Second Secretary, C.B.R. for Respondents. Afzal Hussain Ansari for Respondent No.6. Date of hearing: 7th April, 1997. JUDGMENT MUHAMMAD RAZA KHAN (MEMBER). ----This judgment will also dispose of appeal No. 137(K)/96 because identical questions of law and facts are involved. 2. The appellants joined initially as LDC (B-5) in 1980 and 1981 respectively. They were later promoted in due course to the post of UDC (B-7). In addition to the normal channel of promotion, the ministerial staff working in the Customs Department are also eligible for promotion to the post of Preventive Officers, etc. in the Customs Department after appearing in the departmental promotional examination. There are two set of rules governing the situation and relevant for discussion in the present appeals. The first one are the Rules promulgated in 1977 where under the ministerial staff was considered eligible for promotion as Preventive Officers and the Examining Officers on certain conditions. The Graduates were allowed to appear in the examination without the pre-condition of length of service whereas the UDCs were required to have two years service and the LDCs to have 5 years continuous service, These rules were amended for the post of Preventive Officers only, in the year 1980 whereby length of service was required to be 5 years in Grade 11 and above and 7 years service in Grade…

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