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Issues involved: Interpretation of rules governing promotion in the Fire Force Act, 1964 and the Karnataka Civil Services (General Recruitment) Rules, 1977.
Summary: Issue 1: Promotion Rules under Fire Force Act vs. General Recruitment Rules The case involved a challenge to the promotion of appellants to the post of Leading Firemen based on seniority under the Karnataka Civil Services (General Recruitment) Rules, 1977. The appellants argued that the General Rules superseded the Fire Force Act rules requiring a qualifying examination for promotion. The Court clarified that the power to make rules for recruitment and conditions of service lies with the Legislature, and any rules made under Article 309 of the Constitution must conform to constitutional provisions. The Court emphasized that the Fire Services were established under the Fire Force Act, and any amendments to General Recruitment Rules did not affect the special provisions validly made for Fire Services. Issue 2: Supersession of Rules under Fire Force Act The Court rejected the argument of implied supersession of rules under the Fire Force Act by the General Recruitment Rules. Citing legal principles, the Court explained that a general law does not abrogate a special one unless there is a clear intention to do so. The Court highlighted that the Rules under the Fire Force Act, requiring a qualifying examination for promotion, remained untouched and valid. The Court emphasized that the Executive's power under Article 309 cannot supersede rules made by the Legislature, and in this case, the Fire Force Act rules prevailed over the General Recruitment Rules. Conclusion: In conclusion, the Court dismissed the appeals challenging the promotion of appellants to Leading Firemen based on seniority, without awarding costs. The judgment clarified the hierarchy of rules governing promotions in the Fire Force Act and the Karnataka Civil Services Rules, emphasizing the primacy of legislative rules over executive orders in such matters.
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