Law:

Section:

Punjab Local Councils Servants (Services) Rules, 1997- ----R. 4(v)--Punjab Local Government Ordinance, 2001, Ss. 191 & 196--Constitution of Pakistan, 1973, Art. 199--Appointment, promotion, suspension, punishment & dismissal from service--Held: Appointment, promotion, suspension and punishment (including dismissal, compulsory retirement, reduction in rank and removal from service) of servants of Local Councils or servants of the Union Administration shall be made by Union Nazim--Union Nazim shall make the appointment or promotion on the recommendation of a selection committee specified in Rule 4 which comprises of Union Nazim and the Senior most Secretary of the Union Administration--There was not an allegation that any of the petitioner was not eligible to be promoted to the said post or that any right of any other servant of the respective Union Council had been infringed--Petition allowed. Judgment This judgment shall decide Writ Petitions Nos. 5946/04, 6332/04, 6018/04 and 216/05 as common questions are involved. 2. The writ petitioners in all these cases were appointed as Naib Qasids in the erstwhile Zila Council, Khanewal by the competent Authority. While they were so performing their duties, the Punjab Local Government Ordinance, 2001, was promulgated. All the writ petitioners were transferred and allocated to the various Union Councils as per details given in these writ petitions. All of them were pronoted as Secretaries of the respective Union Council by the Union Nazims after being recommended by the Selection Committees. All these wit petitioners feel aggrieved of letters/orders dated 15.10.2004 and 29.10.2004 issued to the Union Nazims calling upon them to review the said promotions and to recover the emoluments paid. 3. Mr. Qamar-uz-Zaman Butt, Advocate/learned counsel for the petitioners in all these cases contends that the said impugned orders are without lawful authority inasmuch as under the Rules framed by the Provincial Government under the said Punjab Local Government Ordinance, 2001, the Union Nazim is the competent Authority in the matter of appointment and promotion to posts in BS-1 to 5 and the post of Secretary Union Council…

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