Special statutory recruitment rules prevail over general service rules, so promotion required the prescribed qualifying examination.

Special statutory recruitment rules framed under the Fire Force Act continued to govern fire service promotions because the legislative field was already occupied, and a later amendment to general civil service rules under Article 309 could not displace them. The Court applied the principle that a general later rule does not impliedly override an earlier special statutory scheme unless clear intention appears. Promotion to Leading Firemen therefore remained subject to the qualifying examination required by the special rules, and seniority alone was insufficient.

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Issues: Whether the general recruitment rules framed under Article 309 of the Constitution superseded the special recruitment rules framed under Section 39 of the Fire Force Act, 1964, and whether promotion to the post of Leading Firemen could be made on seniority alone without the qualifying examination prescribed by the special rules.

Analysis: The special fire service rules were made under a statute enacted by the Legislature and specifically governed recruitment and promotion in the fire service. The later amendment to the general civil service rules was an exercise of the Governor's rule-making power under Article 309, which operates only until the field is occupied by legislation. Once the Legislature has enacted a law and special rules have been framed under it, the executive rule-making power under Article 309 cannot displace those special rules. The principle that a general later law does not impliedly repeal or override an earlier special law also applies, so the amendment to the general rules could not alter the special requirement of passing the qualifying examination.

Conclusion: The special fire force rules continued to govern promotions, and the appellants' promotion on the basis of seniority alone was not valid.

Final Conclusion: The appeals were devoid of merit because the special statutory recruitment regime for the fire service remained controlling and was not overridden by the later general service rules.

Ratio Decidendi: A special statutory service rule framed under an enabling Act is not overridden by a later general rule made under Article 309 where the legislative field is already occupied, and implied repeal will not be inferred against the special law absent clear intention.

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