' SYED ALLY MADAD SHAH (CHAIRMAN).--Appellant Mr. Amir Nawaz Khan Jatoi, Superintendent, Pakistan Railways Police, has preferred this appeal for his promotion in the service.
2. The appellant's case briefly stated, is that he joined Railways Police in the Province of the Punjab in the year 1950. He rose to the rank of a Superintendent of Police Pakistan Railways Police in May, 1986. By Pakistan Railways Police Ordinance, 1976 (Ordinance No,XLI of 1976), the Provincial Railways Police was federalised as Pakistan Railways Police. The Police personnel working in the four Provinces and the personnel of the Watch & Ward in the Railways Police were merged in the Federal Police Service, i,e, the Pakistan Railways Police Service, comprising two Wings, namely- Preventive Wing and Investigation/Prosecution Wing. The aforesaid Ordinance was replaced by the Pakistan Railways Police Act, 1977 (Act No, VII of 1977), enacted in January, 1977. By a telex message, dated 11th June, 1986, from the Ministry of Railways to the I.-G. Pakistan Railways Police, Lahore, respondents 4 and 5 (M/s. Hazar Khan Jatoi and Ghulam Hyder Agheem) were inducted in the Pakistan Railways Police, blocking the prospects of promotion of the officers originally belonging to the Provincial Railways Police Service. Feeling apprehensive of adverse effect by such a move, the appellant filed a Constitutional Petition No, 145/86 in the High Court of Sindh, Sukkur Bench. His petition was dismissed by judgment dated 3-11-1986 on the ground of lack of jurisdiction. He then filed this appeal on 17-11-1986 with the following prayer:-
(a) set aside the orders contained in Telex message, dated 11th June, 1986.
(b) to direct reversion of respondents 4 and 5, to their parent cadre of Sindh Provincial Police.
(c) to declare that the provisions of Police Service of Pakistan (Composition, Cadre and Seniority)
Rules, 1985, in so far as it includes seven posts of AIG/SP of the Pakistan Railways Police on the cadre of Police Service of Pakistan is ultra vires.
(d) direct respondent No,2 to arrange meeting of the Departmental Promotion Committee for considering the promotion of the appellant on regular basis.
(e) pass any other appropriate order found by this Honourable Court to be fit and proper in the facts and circumstances of this case.
3. The grounds urged in the appeal are:
(i) That the impugned:order is in violation of the provisions of the Pakistan Railways Police Act, 1977 and the Pakistan Railways Police Rules, 1980.
That there is no provision of appointment by direct recruitment or by transfer to the post/rank of the Superintendent of Police, Railways and there was no such provision.
(iii) That recourse to the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985 to induct the respondents Nos.4 and 5 into the Pakistan Railways Police Service is against the Act and the Rules, and the Pakistan Railways Police is altogether a different service.
4. The appeal is directed against the Federation of Pakistan through the Secretary, Establishment Division; Chairman, Pakistan Railways Board; I-G. Pakistan Railways Police; Mr. Hazar Khan Jatoi and Mr. Ghulam Hyder Agheem. Written objections have been filed by the Establishment Division and also by the respondent No,4. In the written objections filed by the Establishment Division, it has been contended that no appeal/representation lies on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to .Higher post or pay scale and reference has been made to the provisions of section 22 (2) of the Civil Servants Act, 1973 and section 4 (1) of the Service. Tribunals Act, 1973. It has also been contended that the appellant is not a civil servant as defined in the Service Tribunals Act, 1973. The case of the department is that the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985 also extend to the Pakistan Railways Police Service and seven out of eleven posts of the Superintendents of Police, Pakistan Railways, stand included in the cadre strength of the Police Service of Pakistan and the respondents Nos.4 and 5 have been posted in the Pakistan Railways Police against those posts. They have controverted the appellant's plea that all the posts of Superintendent of Police in the Pakistan Railways have to be manned by the officers promoted from the Preventive Wing and the Investigation/Prosecution Wing. Reliance has been placed on the judgment of the High Court of Sindh in C.P. No, D-145/86.
The respondent No,4 has, in his written objections, adopted, in substance, the objections filed by the Government. He has further advanced the plea that the appellant has since retired from service on 19-6-1987 and the appeal has been rendered infructuous.
5. The learned counsel for the appellant has urged that the Pakistan Railways Police Service was established under the Pakistan Railways Police Act, 1977 (hereinafter referred to as the Rules). He has made pertinent reference to Sections 3, 5, 7, and 17 of the Act and Rules 3, 6, and 15 of the Rules and Appendix V thereto. He has advanced the argument that the posts of the Superintendents in the so constituted Pakistan Railways Police are cent per cent promotion posts (as per Appendix V to the Rules). He has contended that the induction of the respondents 4 and 5 into the Pakistan Railways Police Service is, therefore, against the Act and the Rules. According to him, the Police Service of Pakistan (Compositional, Cadre and Seniority) Rules, 1985 do not extend to the Pakistan Railways Police Service. He has urged with emphasis that the Act and the Rules constitute special laws and they override the provisions of the Civil Servants Act, 1973 and the Rules made thereunder, being the general laws. He has placed reliance on a case reported in PLD 1985 SC 159.
6. On the other hand, the learned counsel for the Federal Government has contended that the provisions of Civil Servants Act, 1973 and the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985 override the Pakistan Railways Police Act, 1977 and the Pakistan Railways Police Rules, 1980. According to him, the case reported in PLD 1985 SC 159 is based on different facts and is not applicable to the facts of this case. He has stated that the induction of the respondents 4 and 5 into the Railways Police Service is in accordance with the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985. He has advanced the argument that it is the plenary power of the Government to organise or reorganise any service and the appellant does not have locus standi to throw challenge to the appointments of respondents 4 and 5 in the Pakistan Railways Police.
7. Mr. Amir Raza Naqvi, Advocate, holding brief for Mr.A.Q. Channa, Advocate, appeared on behalf of respondent No, 4 and contended that the appellant was holding the post of the Superintendent on ad-hoc basis and he actually retired from service on 19-6-1987 and he did not have any case to agitate. He adopted the arguments advanced by the learned counsel for the Government.
8. The appellant belongs to the Pakistan Railways Police service established under the Ordinance No,XLI of 1976, replaced by the Act No, VII of 1977, already referred to above. He has taken objection to the induction in the Pakistan Railways Police Service of the officers of the Pakistan. Police Service mainly on the grounds that both the services are totally different, having been established under different laws and are regulated by different rules. The Pakistan Railways Police was established by the Federal Government in exercise of the powers conferred under Section 3 of the Ordinance vide Ministry of Railways order dated 25-10-1976, analogous to section 3 of the Act. (Reference hereafter will be made to the relevant sections of the Act which replaced the Ordinance). It is provided under section 4 of the Act that the Pakistan Railways Police shall be constituted in such a manner as may be prescribed by rules. The Constitution of the Pakistan Railways Police is envisaged in sections 5, 7 and 8 of the Act. The entire set up is bifurcated in two Wings viz. (a) Investigation and Prosecution Wing; and (b) Preventive Wing, as provided in Rule 3. The methods of appointment to the service are laid down in Rule 6 which provides that the appointments to the posts under the Pakistan Railways Police shall be made by any of the following methods, namely-
(a) by direct recruitment;
(b) by promotion; or
(c) by transfer from other departments of the Federal Government or a Provincial Government.
' A quota is fixed for the direct recruitment vis-a-vis the promotees and channel of promotion has also been provided therefor, as indicated in Appendix V to Rule 15. It is also provided in the same Rule that appointment by transfer from other departments shall be adjusted against the quota reserved for direct appointments. Appendix V is sub divided into two parts "A" and B". Its Part "A" is relevant for the purpose of this case. It is tabulated as under:- Investigation Wing: Prosecution Wing: Preventive Wing: 1 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).ProsecutingSub- 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 percentdirect appointment)
(80 per cent by promotion).
(Superintendent (Assistant Inspector- General (Grade 18).
(FromPreventive 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 2.5 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, 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 PLD 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 confirmations as per Rule 12.2 of the Police Rules, 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, 1974. 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 another 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 memo 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 wires 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 respondent&
13. The appeal merits dismissal for the reasons recorded above and is dismissed with no order as to costs.