Law:

Section:

Punjab Local Government Ordinance (VI of 1979)---Ss. 166 & 167Pumab Municipal Committees Service Rules, 1969, p.13ARevisionCompetencyAppeal against order of Chairman, Town Committee was dismissed by Deputy Commissioner as being not maintainable. but revision against order of Deputy Commissioner was accepted by the Secretary at the time when revisional powers were not available to the SecretaryRevisional powers though were conferred subsequently through Notification, but those powers could not have retrospective effect in view of the fact that a Notification was to operate from date of its promulgation unless it aas expressly or by necessary intendment made to take effect retrospectively­ Exercise of revisional power by the Secretary, was open to exception and order passed by him was illegal. 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. MohayudDin Qazi for Petitioner. Hafiz Tariq Nasim for Respondent. Date of hearing: 21st December, 1992. JUDGMENT Petitioner through this Constitutional petition has challenged the Order dated 1471991 passed by the Secretary, Local Government and Rural Development Department, setting aside the order of the Deputy Commissioner dated 12111990. Since the case has been heard at some length such with the concurrence of the parties it is disposed of as a Pacca matter. Facts to brief for its disposal are that the petitioner was appointed as an Octroi Clerk on the 28th of June, 1978 and resumed his duty/charge on the 28th of June; 1978 while the respondent No. 3 Taj Muhammad was appointed on the 27th of June, 1978. However, he resumed/joined his posting on 1st of .9uly, 1978. Subsequently, a seniority list was circulated on 1581989 wherein petitioner was shown senior to respondent No. 3. On 1791989 petitioner as well as respondent No. 3 were given selection grade. It is the case of the petitioner that a new post of Head Muharrir was created through Resolution No. 381 on 2851990 and the Selection Committee vide its Resolution No. 23 appointed him to this newlycreated, post in his own pay and scale on 30th of May, 1990.…

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