| Citation(s) |
|---|
| 1989 SLG 1794 1989 SLD 1794 1989 PLC 590 |
Lahore High Court
Writ Petition No. 670 of 1988/BWP, heard on 13th May, 1989.
MUHAMMAD SHARIF, J
M. Rahim for Petitioner. Ch. Muhammad Akhtar Shabbir for
Respondent No. 2.
Writ Petition No. 670 of 1988/BWP, heard on 13th May, 1989.
MUHAMMAD SHARIF, J
M. Rahim for Petitioner. Ch. Muhammad Akhtar Shabbir for
Respondent No. 2.
NASEER AHMAD
VS
DEPUTY COMMISSIONER and 2 others
Law:
Section:
(a) Punjab Local Councils (Appeal) Rules, 1980- ---R. 1(3)--Punjab Local Government Ordinance (VIII of 1979), Preamble Punjab Local Councils (Appeal) Rules, 1980 applies to all appeals preferred against orders passed under Punjab Local Government Ordinance, 1979, and the Rules and Bye-laws framed thereunder, except appeals by employees of Local Councils in matters relating to their service. Muhammad Ashraf v. Muhammad Siddique and 2 others P L D 1977 Lah. 1082 rel. (b) Punjab Local Government Ordinance (viii of 1979)-- ---S. 166--Punjab Local Council (Appeal) Rules, 1980, R. 1(3)--Vires of stat-rate-Rule 1 of Punjab Local Councils (Appeal) Rules, 1980 is not inconsistent with provisions of S. 166 of the Punjab Local Government Ordinance, 1979. (c) Punjab Local Councils Service (Appointment and Conditions of Service) Rules, 1983-- ---8. 1--Punjab Government Notification No. 11-70/(43) 6-(Admn.) LSE, dated 23-9-1970--Vires of Notification dated 23-9-1970--Direct recruitment of employees by Municipal Committee--Notification dated 23-9-1970 which bars direct recruitment of employees in a Municipal Committee cannot be given the status of law or Rules because Punjab Local Councils Service (Appointment and Conditions of Service) Rules, 1983, have been framed, which envisage initial recruitment, recruitment by promotion or transfer by the Authority--Notification dated 23-9-1970 barring direct recruitment is thus ultra vires of Punjab Local Councils Service (Appointment and Conditions of Service) Rules, 1979. (d) Punjab Local Councils (Appeal) Rules, -----1980 ---R. 1(3)--Termination of leave vacancy--person appointed against vacancy and thereafter reverted on termination of the leave vacancy would have no locus standi to file appeal against his reversion--Petitioner having been validly appointed, his appointment cannot be questioned in appeal under provisions of Punjab Local Councils (Appeal) Rulesâ-ž 1980 because no appeal lies under provisions of the Rules in service matters. JUDGMENT Naseer Ahmad, the petitioner, was appointed as an octroi clerk in the Municipal Committee, Bahawalnagar, on 3-5-1986. The petitioner took over the, charge of the post of an octroi…
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