Law:

Section:

(a) West Pakistan Municipal Committees Service Rules, 1969---------Preamble---Punjab Local Councils (Appointment and Conditions of Service) Rules, 1983, Preamble---Distinction---Former rules relate to the servants of the local council while the latter govern the members of the local council service. (b) West Pakistan Municipal Committees Service Rules, 1969--- ----R. 13-A---West Pakistan Municipal Administration Ordinance (X of 1960), Ss.121 & 124---Punjab Local Government Act (XXXIV of 1975), Ss.233 & 235---Punjab Local Government Ordinance (VI of 1979), 5.182(2)---Notification No.SOV.1-30/81, dated 25-7-1990, issued by Government of Punjab---Constitution of Pakistan (1973), Art.199--­Constitutional petition---Service matter---Seniority of employees of municipal committee---Appeal under S. 13-A of the West Pakistan Municipal Committees Service Rules, 1969---Maintainability---Feeling aggrieved of the promotion of the petitioner, the respondent filed appeal under S. 13-A of the West Pakistan Municipal Committees Service Rules, 1969---Appellate Authority having found the respondent senior to the petitioner cancelled the order of the promotion of the petitioner---Contention of the petitioner was that the West Pakistan Municipal Committees Service Rules, 1969, were repealed, hence the order passed by the Appellate Authorities was without lawful authority---Validity---Rules framed under the West Pakistan Municipal Administration Ordinance, 1960, were still in force and under Notification No. SOV.1-30/81, dated 25-7-1990 the provision of R. 13-A was introduced in the West Pakistan Municipal Committees Rules, 1969 as such the rule so introduced provided a right of appeal and also a revision, therefore, the appeal of the respondent was competent---Petitioner was much junior and in lower pay scale than the respondent, he did not deserve consideration as against the respondent---High Court declined to interfere with the order passed by the Appellate Authority---Constitutional petition was dismissed in circumstances. Khalid Nadeem Malik for Petitioner. Akhtar Masood for Respondent No. 1. Sardar Altaf Hussain Khan for Respondents Nos.2 and 3. Mushtaq Ahmad Qamar…

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