Law:

Section:

West Pakistan Municipal Servants (Efficiency and Discipline) Rules, 1963-----R. 42 read with r. 40-Rule 42 (c) applies to cases of punish­ment only and does not authorise Government to interfere with order of Controlling Authority in any other matter-Teacher in Municipal School granted selection grade and Controlling Authority maintaining order-Government not competent to interfere with Controlling Authority's order. Ali Muhammad v. Muhammad Zamzan and others 1969 S C M R 46 distinguished. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, dated the 4th January 1966, in Writ Petition No. 1539 of 1964. By this judgment, the writ petition of the appellant was dismissed in limine. The appellant joined the District Board service in the District of Jullundur in the year 1929 as J.V. teacher. He worked in that capacity till 1947. On the 20th October 1947, he joined Municipal High School, Burewala, as Junior Vernacular Teacher. In December 1951, he was granted scale of Senior Vernacular Teacher i.e., Rs.64-100. His salary was fixed at Ra. 72 P. M. from the 11th September 1952. On the 11th September 1960, a vacancy occurred in the selection grade of S. V. teacher in his School. He crossed his efficiency bar and was granted a provisional selection grade post in the scale of Rs.140-8-220. On the 6th July 1961, the Headmaster of the High School recommended that he may be granted the selection grade with effect from the 6th July 1961. On comparing claims of the various S. V. teachers, the Chairman, Municipal Committee, Burewala, finally decided the grant of selection grade in favour of the appellant. Respondent No.1 made a representation to the Controlling Authority, Municipal Committee, Burewala, namely, the Commissioner, Multan Division, questioning the eligibility of the Chairman of Burewala Committee to sanction the selection grade in favour of the appellant. The controlling authority remanded the case for approval of the Municipal Committee, Burewala. Later on, the Municipal Committee, Burewala, vide its Resolution No. 354 dated the 23rd January 1962, confirmed the action…

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