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SAJJAD HAIDER TAREEN, PDSP, QUETTA vs The PROVINCIAL POLICE OFFICER, BALOCHISTAN QUETTA S — 2023 PLC(CS) 170 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2023 PLC(CS) 170 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2023
Reporter
PLC
Parties
SAJJAD HAIDER TAREEN, PDSP, QUETTA vs The PROVINCIAL POLICE OFFICER, BALOCHISTAN QUETTA S
Subject matter
Service
Provisions referred to
S. 8---B; S. 8; Balochistan Civil Servants Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SAJJAD HAIDER TAREEN, PDSP, QUETTA VS The PROVINCIAL POLICE OFFICER, BALOCHISTAN QUETTA S.8---Balochistan Deputy Superintendents of Police Service Rules, 1978, Rr. 2(b) & 10---Seniority---Scope---Petitioners assailed exclusion of Deputy Superintendents of Police (DSPs) of prosecution branch from the Joint Seniority List---Contention of department was that there was no specific provision in the Balochistan Deputy Superintendents of Police Service Rules, 1978, for maintaining Joint Seniority List of DSPs (General Cadre) and DSPs of the prosecution branch---Validity---Sub-Inspectors and Inspectors of the Prosecution Branch of Police Department could not travel horizontally by transfer to the other branches of the Police Department but after promotion of the Inspectors of the prosecution branch of the Police Department as DSPs, there was no such restriction on the DSPs of prosecution branch---DSPs of the prosecution branch could be appointed in other branches of the Service---Rule 10 of the Balochistan Deputy Superintendents of Police Service Rules, 1978, dealing with the inter se seniority of the DSPs of the Service, did not provide for preparation of separate Seniority List of DSPs of different branches of the service---Rule 2(b) of Balochistan Deputy Superintendents of Police Service Rules, 1978, although provided that all the branches of the service had been organized as separate and self-contained unit of the Police Department but all the branches (including the prosecution branch) of the service had not been sanctioned as a separate unit to fall within the definition of a "separate cadre" warranting preparation of separate seniority lists of the DSPs of different branches of the service under S.8(1) of the Balochistan Civil Servants Act, 1974---Constitutional petitions were accepted and the department was directed to issue joint seniority list of DSPs.

Other judgments reported in 2023 PLC

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