Law:

Section:

Police Rules, 1934-------R. 13.18---Sindh Service Tribunals Act (XV of 1973), S.4---Transfer from regular police force to Special Branch---Claim for promotion and confirmation---Appellant, who was appointed as constable in regular police force, was transferred to Special Branch after about 4 years of his appointment with a clear order that appellant would get the lowest position in seniority of constables of Special Branch---Appellant was promoted as Head Constable in Special Branch and then as Assistant Sub-Inspector---Plea of Authorities was that transfer of appellant to Special Branch and his subsequent promotions were in violation of Rules and purely on political grounds and that private respondents were senior to appellant by virtue of their initial appointments in Special Branch---Appellant had contended that he be confirmed as A.S.I. with effect from the date of completion of probation period in that rank and that impugned seniority list be declared illegal---Validity---Appellant was confirmed in rank of Head Constable retrospectively on the-date which was the date on which he was promoted, which was in clear violation of R.13.18 of Police Rules, 1934 which required appellant to hold the promotion post on probation for at least two years---Even a successful completion of probation would not earn confirmation as a matter of course unless a regular slot existed for the purpose---Probation period could be extended, but in no way, waived or curtailed---Appellant's rapid rise in Special Branch where he had gone on deputation, from Constable to A.S.I. in less than six months, neither was sustainable in Rules nor was equitable as private respondents were senior to appellant since their initial appointment and all of them started their service in Special Branch unlike appellant who landed there clandestinely by use of political clout---Appellant could not produce any evidence in support of his allegation of malice on part of the authorities---Civil servant seeking transfer to an equivalent post in another cadre would rank junior to all those already working there in that grade/cadre---Same principle applied in inter-regional transfers---Appellant would rank…

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