Law: Punjab Local Government Act, 2019

Section: 296,297,316

Law: Punjab Local Government Act, 2013

Section: 142

Law: Punjab Local Government Ordinance, 2001

Section: 184

Law: Punjab Local Government Ordinance, 1979

Section: 296,297,316

(a) Punjab Local Government Act (XIII of 2019)--- ----Ss. 296, 297 & 316---Punjab Local Government Act (XVIII of 2013), S.142---Punjab Local Government Ordinance (XIII of 2001), S.184---Punjab Local Government Ordinance (VI of 1979), Ss. 42 & 43---Punjab Local Councils Servants (Service) Rules, 1997, R.2(3)---Repatriation of employee to parent local government---Petitioners were employees of local councils for collection of Octori / Goods Export tax and after the same were abolished they were directed to perform duties in succeeding local governments, constituted in Punjab under subsequent legislations---After promulgation of Punjab Local Government Act, 2019, petitioners were repatriated to their parent Local Councils--- Validity--- Service cadre of Octroi / Goods Expert tax staff remained unchanged--- Petitioners failed to establish legitimate transfer/migration or alleged absorption into different service cadres--- Trajectory of local government laws, introduced by competent legislature from time to time, acknowledged and maintained segregation amongst various classes of employees and the same was preserved while promulgating Punjab Local Government Act, 2019--- Divide among the employees of various classes- based on their service structure / cadre and posts and separate set of rules- was conspicuous in terms of S.42 of Punjab Local Government Ordinance, 1979, S.184 of Punjab Local Government Ordinance, 2001, S.142 of Punjab Local Government Act, 2013, and Ss.296 & 297 of Punjab Local Government Act, 2019--- Claim of horizontal movement from one cadre to another cadre by way of alleged absorption was not permissible in terms of R.2(3) of Punjab Local Councils Servants (Service) Rules, 1997--- Order of repatriation of petitioners to report to their parent local government-being the servants of Local Council Service in terms of S.297 of Punjab Local Government Act, 2019, was legally justiciable and valid in the wake of abolition of Union Administration / Councils as the lowest tier of local governments---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Kareem Bux and others v. Province of Sindh through…

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