AIR 1998 SUPREME COURT 1050 ::1998 AIR SCW 827 ::1998 (2) ADSC 45 ::1998 SCC (L&S) 906 ::1998 (3) SCC 495 ::(1998) 1 Scale 496 ::(1998) 3 ServLJ 1 ::1998 (3) MadLJ73 ::(1998) 3 Lab LN 924 ::1998 (3) KantLJ 330 ::1998 (2) SCT 57 ::1998 (1) ServLR 742 ::(1998) 2 Supreme 365 ::(1998) 1 JT 613 (SC)

Supreme Court Of India

Hon'ble Judge(s): S. Saghir Ahmad, D. P. Wadhwa , JJ

Mysore Fire Force Act (42 of 1964) , S.39— Mysore Fire Force (Cadre Recruitment) Rules (1971) , R.1— Applicability - Rules made by legislature under S. 39 of Act - Are special rules having precedence over Rules made under Proviso to Art. 309 of Constitution by virtue of doctrine of occupied field - Consequently prescription of qualifying service for promotion to post of leading fireman under 1971 Rules - Cannot be superseded by amendment made to Central Rules prescribing seniority as mode for promotion. Constitution of India , Art.254, Art.309— Karnataka Civil Services (General Recruitment) Rules (1977) , R.1— The Fire Services under the State Government were created and established under the Fire Force @page-SC1051 Act, 1964 made by the State Legislature. It was in exercise of the power conferred under S. 39 of the Act that the State Government made Service Rules, 1971 regulating the conditions of Fire Service. Since Fire Service had been specially established under an Act of the Legislature and the Government, in pursuance of the power conferred upon it under that Act, has already made Service Rules, any amendment in the Karnataka Civil Services (General Recruitment) Rules, 1977 would not affect the special provisions validly made for Fire Services. As a matter of fact, under the scheme of Art. 309 of the Consti....