Law:

Section:

Punjab Municipal Committees Service Rules, 1969--- ----R. 13-A---Right of appeal---Right of appeal being a substantive right, could not have retrospective effect---Notification, according to which right of appeal was provided, was to operate from date of its promulgation unless it had been expressly or by necessary intendment made to take effect retrospectively. Muhammad Akram v. Abdul Ghafoor etc. 1980 SCMR 511; Burmah Oil Company Limited v. The Trustees for the Port of Chittagong PLD 1961 SC 452 and Sheikh Fazal Ahmad v. Raja Ziaullah Khan and another PLD 1964 SC 494 ref. Nisar Arshad Kotla for Petitioner. Abdus Sammad Hashmi for Respondents Nos. 1 and 2. Zahid Hussain Khan for Respondents Nos. 3 and 4. Date of hearing: 7th May, 1991. JUDGMENT Petitioner through this Constitutional petition has assailed the order dated 17-9-1990 of the Deputy Commissioner, Khushab, whereby he set at naught the order of the Chairman, Municipal Committee, Khushab, passed on 16-6-1990 promoting the petitioner to the post of Octroi Superintendent in pursuance to Resolution No. 355 of the Municipal Committee. Since the case has been argued at length as such it is decided as a notice case. Facts in brief are that on the retirement of one Atta Muhammad, the post of Octroi Superintendent fell vacant in the Municipal 'Committee, Khushab. A unanimous resolution No. 355 was passed by the Municipal Committee for the appointment of the petitioner to the post of Octroi Superintendent. Subsequent to the passage of the resolution, the Chairman promoted the petitioner on 16-6-1990. Thereupon Ali Ahmad Khan respondent No. 3 and Khurshid Ahmad respondent No. 4 challenged this promotion by filing their respective appeals before the Deputy Commissioner, Khushab, who vide his order dated 17-9-1990 accepted the appeals and set aside the impugned order of promotion and remitted the case for its decision afresh. It is argued by the learned counsel for the petitioner that the order impugned is coram non judice as the appeal before the Deputy Commissioner was not competent. In support of his assertion he has relied upon Muhammad Akram v. Abdul Ghafoor etc. (1980 SCMR 511) and also an unreported…

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