1991 PLP (C (PLC(CS))

2 3 Constable (Grade 2) 100% Direct recruitment. Constable (Grade-2) (100 per cent direct appointment). Head Constable (Grade 3) 100 per cent by promotion. Head Constable (Grade 3) 100 per cent by promotion. Assistant Sub- Inspector(Grade 5) (25 per cent direct appointment). (75 per cent by promotion), Assistant Sub -Inspector (Grade 5). (25 per cent direct appointment. (75 percent by promotion) Sub-Inspector Grade 7) (100 per cent by promotion). Prosecuting Sub- Inspector (Grade 7) (100 per cent direct Appointment). Sub-Inspector- (Grade 7) (100 per cent by promotion). Inspector (Grade 11) (100 per cent by promotion). Prosecuting Inspector (Grade 11) (100 per cent direct Appointment). Inspector- (Grade 11) (100 per cent by promotion). Deputy Superintendent (Grade 17). (20 per direct appointment; 80 cent by promotion) P.D.S.P.(Grade 17) (100 cent per cent by promotion) Deputy Superintendent (Grade 17) (20 per cent direct appointment) (80 per cent by promotion). (Superintendent (Assistant Inspector- General (Grade 18). (From Preventive Wing) 60 per cent. By promotion (From Investigation / Prosecution Wing) 40 per cent. The above table bears out that the posts of the Superintendents/Assistant Inspectors-General (Grade 18) are cent per cent promotion posts, 60 per cent from Preventive Wing and 40 per cent from Investigation/Prosecution Wing. The appellant's contention, therefore, is that there is absolutely no scope for entry into the Pakistan Railways Police Service in the cadre of Superintendents/Assistant Inspectors-General by direct recruitment or by transfer or by any other mode, except that of promotion. The counter-contention by the respondents is that seven posts out of eleven posts of Superintendents of the Railways Police are earmarked for the Police Service of Pakistan, under the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985. These Rules were made by the President in exercise of the powers conferred by section 25 of the Civil Servants Act, 1973 and they repealed the Police Service of Pakistan (Composition and Cadre) Rules, 1969. Rule 3 thereof provides that notwithstanding anything contained in the All-Pakistan Services (Change in Nomenclature) Rules, 1973 the Police Group in the All-Pakistan Unified Grades has been renamed as the `Police Service of Pakistan' consisting of: "(a) persons appointed or deemed to have been appointed to Police Service of Pakistan in accordance , with the Police Service of Pakistan) Composition and. Cadre) Rules; 1969; (b) persons, other than those mentioned in clause (a), appointed to the Police Group whose names appeared in the gradation list issued on the 28th August, 1980 and persons appointed in the Police Group after that date but before the commencement of these rules: and (c) persons appointed to the Service in accordance with these Rules. The cadre strength of the so-constituted Police Service of Pakistan is specified in the Schedule to the Rules which contains a long list of senior posts in several organisations of the Federal Government: Islamabad Capital Territory Police, Bureau of Police Research and Development, Federal Control Room; Special Security Cell; Intelligence Bureau, Federal Investigation Agency, Pakistan Railways Police and Pakistan Narcotics Control Board and several senior posts of the Police personnel in the Provinces and some additional posts for leave, deputation and training reserve and some junior posts for ordinary duties. The Schedule indicated that seven posts of Assistant Inspector-General (SPs) in the Railways Police Service are included in the Police Service of Pakistan.

9. The learned counsel for the appellant has strenuously urged that the Pakistan Railways Police stands constituted under special Statute and is regulated by special rules and, therefore, the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985, which have been made under the Civil Servants Act, 1973, which is a general Statute, would not override the special laws and, I therefore, the posts of Superintendents in the Pakistan Railways Police, which are cent per cent promotion posts in the cadre, cannot be occupied by any officers from the Police Service of Pakistan. He has placed reliance on the decision of the Supreme Court in the case of Inspector-General of Police, Punjab and others v. Mushtaq Ahmad Warraich and others, reported in P L D 1985 SC

159. In that case, applicability of the Police Act, 1861 and the Police Rules, 1935 made thereunder was considered vis-a-vis the Punjab Civil Servants Act, 1973 and the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 made thereunder. It involved question of seniority of Inspectors: whether seniority of Inspectors was to be determined from the date of their confirmation as per Rule 12.2 of the Police Rubs. 1934 or from the date of their continuous appointment as laid down under Rule 8 of the Punjab. Civil Servants (Appointment and Conditions of Service) Rules, 1974, read with section 7 of the Punjab Civil Servants Act, 197-1. The contention gave rise to an issue whether a law of general application made later supersedes a law of special nature made earlier in respect of the same subject-matter. The question was resolved after extensive reference to the history of the laws concerned and the relevant Constitutional provisions, applying the well-known principles of interpretation of law and considering some of the decided cases. It was held that the Punjab Civil Servants Act, 1973 is an Act of general application like a Constitutional Statute and that is itself as general a law as the Police Act, 1961, with the added distinction that it is of general application, while the Police Act is of a special application to the officers of the subordinate ranks of the Police Force and so were the rules. It was finally held that special law would prevail over the latter law of general application and, therefore, Rule 12.2 of the Punjab Police Rules, 1934 provided criterion for determining the seniority of the subordinate ranks of the Police Force as from the date of their confirmation and not from the date of continuous appointment in the grade as laid down in Rule 8 (1) (b) of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 read with section 7 (2) of the Punjab Civil Servants Act, 1974.:-

10. The question for determination is: whether the posts of Superintendents in the Pakistan Railways Police stand borne on the cadre of the Pakistan Railways, Police or they stand included in the cadre of the Police Service of Pakistan. The Police Service of Pakistan was constituted in the year-1950. It was re-shaped and regulated under the Police Service of Pakistan (Composition and Cadre) Rules, 1969 (hereinafter referred to as the 1969 Rules). Its nomenclature was subsequently changed to "All-Pakistan Unified Grades" by virtue of All-Pakistan Services (Change in Nomenclature) Rules, 1973. In 1975, it was transformed into "Police Group", subsequently renamed as "Police Service of Pakistan" under the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985 (hereinafter referred to as the 1985 Rules), which repealed the earlier 1969 Rules. In Schedule to the 1969 Rules, two posts of Superintendents of Police, Railways, stood included in the cadre of 98 senior posts (permanent) in the quota of the erstwhile Province of West Pakistan in the Police Service of Pakistan. Those two posts continued to be borne on the same cadre notwithstanding the change in the title of the service in 1973 as "All-Pakistan Unified Grades", subsequently converted into "Police Group" in 1975, as aforesaid. The Pakistan Railways Police Service was established first time in the year 1976 under the Pakistan Railways Police Ordinance, 1976 subsequently replaced by the Pakistan Railways Police Act, 1977. Before the establishment of this Service, the Railways Police was Provincial Service constituted under the Police Act of 1861; nevertheless, two posts of Superintendent of Railways Police stood borne on the cadre of Police Service of Pakistan (Composition and Cadre) Rules, 1969. Section 3 of the Pakistan Railways Police Act, 1977 empowered the Federal Government to constitute, control and maintain a Force to be called the Pakistan Railways Police notwithstanding anything contained in any other law for the time being in force. Section 5 of the Act provided that notwithstanding anything contained in any other law for the time being in force or any contract, agreement or any conditions of service, all persons holding any rank' or post not above the rank or post of Superintendent, in or under the Railways Police of any Province, stood transferred and appointed to such corresponding ranks or posts in or under the Pakistan Railways Police, as may be notified by the Federal Government. The posts of the Superintendents/Assistant Inspectors-General in the Provincial Railways Police were notified to be the posts under the Pakistan Railways Police, as per Appendix II to the Pakistan Railways Police Rules, 1980. Both the two posts of Superintendent of Railways Police borne on the cadre the Police Group were not encadred in the Pakistan Railways Police Service. Of course, seven posts of Superintendents of Pakistan Railways Police stand included in the cadre of the Pakistan Police Service under the 1985 Rules, and it is a controversial question whether the 1985 Rules supersede the Pakistan Railways Police Act, 1977 and the Rules made thereunder. For the purpose of this appeal, this question may not be probed into further as the appellant's grievance is against the induction of two officers of the Police Service of Pakistan into the Pakistan Railways Police. It has been discussed above that at least two posts of the Superintendents in the Railways Police were borne on the cadre of the Police Service of Pakistan since before the establishment of the Pakistan Railways Police and they continue to be borne on that cadre, in whatever name the service was known on account of changes In the pattern of the service, as mentioned above. The appellant has, therefore, no case to take exception to induction to those two posts from the Police Service of Pakistan.

11. The appellant has made several prayers in the 4memo of appeal as outlined in paragraph 2 of this judgment. The prayers at clauses (a) and (b) are not sustainable for the reasons recorded above No finding is required to be given, in the circumstances of the case, on the question whether the provisions of Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985, are ultra vires in view of the conclusions arrived at above. This relates to prayer at clause (c). The prayer at clause (d) also collapses in view of the findings recorded above. No other order is required to be made.

12. In view of the conclusions arrived at-above, it is not necessary to dwell upon the other grounds agitated by the respondents.

13. The appeal merits dismissal for the reasons recorded above and is dismissed with no order as to costs. M.Y.H./516/Sr.F Appeal dismissed.