' 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 Teleprinter 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 bais 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.