Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Arts. 199, 212 & 185(3)---Leave to appeal was granted to consider as to whether Constitutional petition filed by civil servant, in circumstances was maintainable in view of Constitutional bar contained in Art. 212 of the Constitution. (b) Punjab Local Government Ordinance (VI of 1979)--S. 44---Constitution of Pakistan (1973, Arts. 185 & 212---Appeal against interim order of High Court---Competency---Petition for leave to appeal out of which appeal had arisen was misconceived inasmuch as same was directed against interim order of High Court---Without adverting to merits of case and jurisdictional aspect involved therein any further, High Court was directed by Supreme Court to dispose of Constitutional petition filed by respondent within three months of passing of order---Parties would be at liberty to raise jurisdictional question before High Court. Imran Raza Zaidi v. Government of the Punjab through SGA&ID and 2 others 1996 SCMR 645; Muhammad Ashad Akhtar v. Muhammad Ali and others 1997 SCMR 1476 and Jam Dad Khan v. Province of Punjab and others 1998 SCMR 245 ref. - JUDGMENT SH. RIAZ AHMAD, J.---This appeal through leave of this Court has arisen in the following circumstances: The facts in brief are that the appellant and respondent No. l happen to be members of the Punjab Local Council Service and thus are deemed to be civil servants for the purposes of Punjab Civil Tribunals Act, 1974 as envisaged under section 44 of the Punjab Local Government Ordinance, 1979. Due to the death of Syed Khalil Safdar, the post of Taxation Officer in the Zila Council, Gujrat fell vacant. The appellant was awaiting his posting/transfer orders as O.S.D. in the Punjab Local Government Board as Taxation Officer. The respondent allegedly on the recommendation of local M.P.A. secured transfer order in his favour from the respondent No.2 for being posted as Taxation Officer in the Zila Council, Gujrat, which had fallen vacant on account of death of his real brother. Respondent No.3 in the meanwhile did not allow assumption of the charge to respondent No.1. Aggrieved by the said orders of respondent No.3, respondent No.1 filed…

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