The Supreme Court in a recent judgment reported as Hammad v. IGP ( 2023 SCMR 584) has finally settled a long-standing controversy in service law regarding the manner in which seniority of Police Officers is to be determined. While the statute – Rule 12.2(3) Police Rules is clear on the subject, the confusion was created by a Supreme Court judgment reported as 1999 SCMR 1574 which seemed to hold otherwise.
“The above rule [12.2(3)]of Police Rules, 1934] is, therefore, very clear that final seniority list of Inspectors will be reckoned from the date of confirmation of the officers and not from the date of appointment.”
It is submitted that the clarity of the said Rule has been muddled over the years due an earlier pronouncement of this Court in Qayyum Nawaz. (1999 SCMR 1574). The judgment of the Tribunal in Qayyum Nawaz totally ignores Rule 12.2(3) of the Rules as well as the earlier pronouncement of this Court in Mushtaq Warriach which underlines the difference between the date of appointment and the date of confirmation.
c.a._1172_2020
