| Citation(s) |
|---|
| 2003 SLG 971 2003 SLD 971 2003 SCMR 813 |
Supreme Court of Pakistan
Civil Appeals Nos. 1420 to 1424 of 1998, decided on 23rd November, 2001. DATE of hearing: 8th October, 2001. (On Appeal from the judgment, dated 22-5-1998 of La ore High Court, Multan Bench, passed in Writ Petitions Nos. 9997 10225 of 1997, s336, 344 and
NAZIM HUSSAIN SIDDIQUI AND, JAVED LQBAL, JJ
Farooq Hassan Naqvi, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record (absent) for Appellant.
Respondents. Ex parte (in C. As, Nos. 1420, 1423 and 1424 of 1998). Malik Ainul Haq; Advocate Supreme Court for
Respondent No. 2 (in C. A. No.
Civil Appeals Nos. 1420 to 1424 of 1998, decided on 23rd November, 2001. DATE of hearing: 8th October, 2001. (On Appeal from the judgment, dated 22-5-1998 of La ore High Court, Multan Bench, passed in Writ Petitions Nos. 9997 10225 of 1997, s336, 344 and
NAZIM HUSSAIN SIDDIQUI AND, JAVED LQBAL, JJ
Farooq Hassan Naqvi, Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record (absent) for Appellant.
Respondents. Ex parte (in C. As, Nos. 1420, 1423 and 1424 of 1998). Malik Ainul Haq; Advocate Supreme Court for
Respondent No. 2 (in C. A. No.
ADMINISTRATOR, MUNICIPAL CORPORATION
VS
MUHAMMAD ARSHAD and others
Law: Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974
Section: 17A
Law: Punjab Local Council Service (Appointment and Conditions of Service) Rules, 1983
Section: 22
Law: Constitution of Pakistan, 1973
Section: 212(3)
(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules. 1974--- ----R.17-A---Notification No.SR.III/2/42/92, dated 18-2-1997---Local Government Letter No.S0.11(LG) 10-7/96-P, dated 17-1-1995--Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted by Supreme Court to consider that whether the provisions of R.17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, were applicable to the servants of the Municipal Corporation; that whether the letter/instructions applying the provisions of R.17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, to Local Council, employees had the effect of amending West Pakistan Municipal Committees Rules, 1969; and that whether the High Court was right in applying the provisions of R.17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, to the persons who were governed by West Pakistan Municipal Committees Service Rules, 1969. (b) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974--- ----R.17-A---Notification NO.S.R.HI/2/42/92, dated 18-2-1997---Local Government Letter No.SO.II(LG)10-7!96-P, dated 17-1-1995---Punjab Local Council Service (Appointment and Conditions of Service) Rules, 1983, R.22---Employees of Municipal Corporation---Provisions of Wegl Pakistan Municipal Committees Service Rules, 1969---Applicability--Contention of the Municipal Corporation was that its employees were governed by the provisions of West Pakistan Municipal` Committees Service Rules, 1969, therefore, the provisions of R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, were not applicable--Validity---Municipal Administration Ordinance, 1960, having been repealed, provisions of West Pakistan Municipal Committees Service Rules, 1969, were not applicable---Employees of Municipal Corporation by virtue of R.22 of Punjab Local Councils Service (Appointment and Conditions of Service) Rules, 1983, were governed by R.17-A of Punjab Civil Servants (Appointment and Conditions of, Service) Court declined to interfere with the High Court---Appeal was dismissed. JUDGMENT NAZIM HUSSAIN…
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