Law:

Section:

Punjab Local Government Ordinance (XIII of 2001)-------Ss. 191 & 196---Punjab Local Councils Servants (Service) Rules, 1997, R. 4(v)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Promotion, review of---Petitioners were appointed by competent authority of erstwhile Zila Council---After promulgation of Punjab Local Government Ordinance, 2001, the petitioners were transferred to various union councils where they were promoted by Zila Nazims on the recommendation of Selection Committees---Petitioners were aggrieved of the letter/circular issued by authorities, whereby their promotions were reviewed---Plea raised by petitioners was that executive order could not override the statutory rules---Validity---Statutory rules were framed in exercise of powers conferred by statute by the competent authority and the same could not be set at naught by the executive by issuing a circular---Not even an allegation existed to the effect that any of the petitioners was not eligibly to be promoted to the post or that any right of any other servant of respective union council had been infringed---Orders issued by the authorities were declared to be without lawful authority and were set aside---Petition was allowed in circumstances. Qamar-uz-Zaman Butt for Petitioner. Zafar Ullah Khan Khakwani, A.A.G. for Respondent. Jawad Shahid for Respondents No.2. Arshad Mehmood, DDO (G) and Abdul Hamid, Assistant with records for Respondent. Date of hearing: 29th June, 2006. JUDGMENT MAULVI ANWARUL HAQ, J---This judgment shall decide Writ petitions No.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 promoted as Secretaries of the respective Union Council by the Union Nazims after being recommended by the Selection Committees. All these writ petitioners…

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