Law:

Section:

(a) Punjab Local Governments District Service (Tehsil/Town Municipal Administration Cadre) Rules, 2005-------R.3---Constitution of Pakistan (1973), Arts. 199 & 212---Employee of Local Government---Grievance of employee relating to terms and conditions of service---Such employee being not a civil servant---Provision of Art.212 of the Constitution was not applicable to his case---Constitutional petition was maintainable. (b) Punjab Local Governments District Service (Tehsil/Town Municipal Administration Cadre) Rules, 2005--- ----Rr.2(1)(e) &. 20---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Alternate remedy---Employee of Local Government---Impugned order passed by Government of Punjab being a final authority under R.20 of Punjab Local Governments District Service (Tehsil/Town Municipal Administration Cadre) Rules, 2005---No higher authority was provided under the said Rules, where such employee could seek his remedy---Remedy of appeal under R. 20 of the Rules thus, had become merely illusory---Constitutional petition was maintainable. Muhammad Khalid Mirza and 3 others v. Lahore Development Authority and 12 others 2004 PLC (C.S.) 800 rel. (c) Punjab Local Governments District Service (Tehsil/Town Municipal Administration Cadre) Rules, 2005--- ----Rr.3, 7 & 11---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Town Municipal Officer (TMO)---Appointment of deputationist from NTC (National Telecommunication Company) as Town Municipal Officer in place of petitioner being a member of Local Council Service---Validity---Such deputationist could neither be posted nor hold such post under the Rules---After posting such deputationist in place of petitioner, consequential order of transfer of petitioner would not deprive him of his right to challenge impugned order---High Court accepted constitutional petition and declared impugned order to be illegal and of no legal effect. Muhammad Asadullah Siddiqui for Petitioner. Ch. Aamer Rehman. Addl. A.-G. for Respondent. Asmat Kamal Khan for Respondent No.3. Date of hearing: 25th May, 2006. JUDGMENT SYED ZAHID HUSSAIN, J.---The petitioner who claims to be a member of Punjab…

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