Law:

Section:

Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---R. 4Punjab Local Councils (Appeal) Rules, 1980, R. 1(3)Punjab Local Government Ordinance (VI of 1979), Ss. 26A & 166Constitution of Pakistan (1973), Art. 185(3)Local Government employeeTermination of servicesPetitioner's Constitutional petition against termination of services was dismissedValidityPetitioner claimed that High Court had dismissed his Constitutional petition on the ground that he had alternative remedy by way of appeal against impugned order; that High Court overlooked provisions of R. 1(3), Punjab Local Councils (Appeal) Rules, 1980, wherein appeals by servants of Local Councils stood excluded; that name of respondent was substituted in place of petitioner for political reasons; that discriminatory treatment meted out to petitioner speaks for extraneous reasons employed for ousting him from service; that servants of Local Councils were not civil servants; that Selection Committee having issued list of selected candidates on specified date and the same having been conveyed and having taken legal effect and having created Illegal rights, could not be rescindedContentions raised by petitioner require consideration­Leave to appeal was granted in circumstances. Mian FazliMahmood, Senior Advocate Supreme Court instructed by C.M. Latif, AdvocateonRecord for Petitioner. Nemo for Respondents. Date of hearing: 12th December, 1995 ORDER MANZOOR HUSSAIN SIAL, J.Syed Imran Raza, petitioner herein, seeks leave to appeal against judgment dated 491995, of the Lahore High Court, whereby W.P. No. 11462 of 1995 filed by him, was dismissed in limine. 2. The relevant facts of the case briefly stated are that on 761995 the petitioner was appointed as Octroi Clerk in Zila Council, Gujranwala, in Basic Pay Scale No. 5 alongwith other candidates, by the District Recruitment Committee constituted in terms of Rule 4 of the Punjab Civil Servants (Appointments and Conditions of Service) Rules, 1974. The minimum qualification for the said post was Matriculation. The petitioner secured 11 Division in the Matriculation Examination. The petitioner was to remain on probation for a period of two years.…

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