Law:

Section:

(a) West Pakistan Deputy Superintendents of Police Service Rules, 1964--- ----R 8. 8---Police Rules, 1934, R. 1.13---Constitution of Pakistan (1962), Art. 179--­Constitution of Pakistan (1973), Art. 124---Seniority of Deputy Superintendents of Police whether to be reckoned according to Police Rules, 1934 or West Pakistan Deputy Superintendents of Police Service Rules, 1964. In the context of seniority of Deputy Superintendents of Police the West Pakistan Deputy Superintendents of Police Service Rules, 1964 are to be considered as special law and the Police Rules, 1934 as general law inasmuch as though the Police Rules apply to all categories of employees in the subordinate police ranks, the West Pakistan Deputy Superintendents of Police Service Rules are applicable only to Deputy Superintendents of Police and must prevail over the general rules. The West Pakistan Deputy Superintendents of Police Service Rules, 1964 were promulgated much later than the Police Rules and for this reason also the Police Rules must yield to the Deputy Superintendents of Police Service Rules which had been framed in the exercise of power conferred on the Governor by Article 179 of the Constitution of Pakistan, 1962 and continue to remain in force in view of Article 268 of the Constitution of Pakistan, 1973. (b) West Pakistan Deputy Superintendents of Police Service Rules, 196.1--- ----R. 8---Seniority of Deputy Superintendents of Police, reckoning of---Seniority of Deputy Superintendents of Police inter se, had to be reckoned from the date of continuous appointment and not from date-of confirmation---Date of continuous appointment of civil servants being earlier than that of petitioner it was on that basis that seniority had been correctly reckoned in the seniority list. (c) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4---Constitution of Pakistan (1973), Art. 212---Jurisdiction of Service Tribunal, extent of---Dispute falling within jurisdiction of Service Tribunal--­Constitutional jurisdiction, competency to invoke. Proviso to section 4 of the Punjab Service Tribunals Act, 1974 does not oust the jurisdiction of Service Tribunal in all matters regarding promotion. It is only…

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