Law:

Section:

(a) West Pakistan Municipal Committees Octroi Rules, 1964-- ---R. 21, second proviso---West Pakistan Municipal Committees Service Rules, 1969, R.8---Promotion---Second Proviso to R. 21, West Pakistan Municipal Committees Octroi Rules, 1964---Effect---If a non-Matriculate had joined service as Octroi Clerk and he was holding that post at time of enforcement of. Octroi Rules, 1964, he would be entitled to only one step promotion i.e. as an Octroi Inspector and not beyond that---Limitation/restriction contained in the second proviso, held, would apply irrespective of the fact whether he had got promotion as Inspector before or after promulgation of said proviso---Provision of R. 21, second proviso is not retrospective. (b) West Pakistan Municipal Committees Octroi Rules, 1964-- ---Rule 21, second proviso--West Pakistan Municipal Committees Service Rules, 1969, R. 8---Promotion---Petitioner was promoted by Selection Board under West Pakistan Municipal Committee Service Rules, 1969---Deputy Commissioner before whom Municipal Committee filed an appeal against order of promotion found that Octroi Rules were applicable in his case---Petitioner had joined service of Municipal Committee as Octroi Moharrir but he did not remain in said cadre and had been working as Second Clerk in General Branch of Municipal Committee wherefrom he was promoted as Lawyer's Clerk---Held, West Pakistan Municipal Committee Service Rules, 1969 were applicable to petitioner and West Pakistan Municipal Committees Octroi Rules, 1964 were not applicable as he was not in hierarchy of Octroi Staff---Finding of Deputy Commissioner that since petitioner was promoted in higher grade, he being a non-Matriculate was not eligible for second proviso to R. 21, Octroi Rules, not sustained---Promotion of petitioner through Selection Board made under R.8(1)(d) of West Pakistan Municipal Committees Service Rules, 1969 was maintained. JUDGMENT This petition, filed under Article 199 of the Constitution of Islamic Republic of Pakistan is directed against the order of the Deputy Commissioner, Sialkot, dated 24-1-1978 whereby appeals/representations of the respondent-employees were allowed, orders of promotion of…

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