Full Judgment Text & Judicial Ruling

1995 P L C (C

1995 P L C (C.S.) 1088

[Federal Service Tribunal]

Present: Abdul Razzaq A. Thahim, Chairman and Nor Muhammad Magsi, Member

KHURSHID AHMED and 4 others

Versus

INSPECTOR‑GENERAL OF POLICE, ISLAMABAD and others

Appeals Nos`1575 to 579(R) of 1994, decided on 14th March, 1995.

Civil service‑‑‑--

‑‑‑‑Seniority‑‑‑Authority for purpose of promotion of "Head Constable", conducted examination of two categories; Telephone Operators and Tele-printers and as a result of that examination, a list was issued‑‑Later on Authority without taking into consideration first list, prepared second list in which names of such persons were added on basis of length of service who were exempted from passing examination‑‑‑On issuance of second list seniority of those civil servants who were included in first list on basis of examination, having been upset, they challenged second list‑‑‑Authority contended that recommendation had been made to Interior Division of the Government for adopting Police Rules, 1934 for service matters and final decision was awaited‑‑‑Existing rules on basis of which final list was issued having not been amended, draft rules on basis of which second list was prepared, had no legal force as decision of Interior Division for adopting such rules was awaited‑‑ Action, therefore, was to‑be taken on basis of first list for finalisation of case which list was still in field.

Fazal Elahi Siddiqi for Appellants.

M. Javid Aziz Sandhu, Standing ; Counsel and Shujaat Hussain Naqvi,

D.S.P. (Legal), for Respondents.

Date of hearing: 28th February, 1995.

JUDGMENT

ABDUL RAZZAQ A. THAHIM (CHAIRMAN).‑‑‑In these five appeals common question of law is involved. The department had conducted examination of two, categories i.e. Telephone Operators and Tele-printer Operators for the purpose of promotion of Head Constable for placing their names on departmental list which was held on 19‑9‑1992 and consequent upon this result a list was issued on 3‑1‑1993. Subsequently, another list was issued on 19-7‑1994 whereby not only 4 names, namely H.C. Muhammad Akbar, H.C. Memon Khan, H.C. Mashiuzzaman and H.C. Saeed Akhtar were included but the seniority of the appellants was also upset. This gave a cause of grievance to the appellants. They filed departmental appeals to which no decision has been taken and after waiting a period of 90 days, they came before this Tribunal praying that revised list has been issued illegally, therefore, first list issued on 3‑1‑1993, may be considered for promotion.

2. Mr. Javid Aziz Sandhu, learned counsel for the respondent Department alongwith Mr. Shujaat Hussain Naqvi, D.S.P., (Legal) submitted that Islamabad Police is going to adopt Punjab Police Rules and as such recommendations have been made to Interior Division and final decision is, awaited. But in the meanwhile department has prepared 2nd List on the basis of length of service and some persons have been added who have been granted exemption for passing examination. The Rules have not yet been amended. We are of the view that draft rules have no legal force and in service matters action taken in anticipation of framing or approval of rules is illegal. The first list prepared under the existing rules is still in the field. Therefore, action is to be taken on the basis of first list and as a result of the examination, for finalisation of the case. The appeals stand disposed of accordingly.

H.B.T./1053/Sr.F Order accordingly.

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