Law:

Section:

Specific Relief Act (I of 1877)-------S.42---Punjab Municipal Act (III of 1911.), S.1 [as--amended by Punjab Municipal (West Pakistan (Amendment) Act (VIII of 1973)]--Punjab Municipal Committees Service Rules, 1969, Rs. 5, 6 & 7---Suit for declaration---Maintainability---Jurisdiction of Civil Court---Whether employees of Municipal Committee were civil servants---Plaintiff had claimed that he was senior to the defendant on account of his prior appointment---Claim of plaintiff was resisted by the defendant on the ground that plaintiff being a civil servant, Civil Court had no jurisdiction in respect of the terms and conditions of his service---Both the Courts below decreed suit holding that the employees of Municipal Committee were not civil servants and that the Civil Court had the jurisdiction in the matter--­Validity---Municipal Committee constituted under relevant municipal law, functioned as a body corporate having a perpetual succession---Municipal Committee was an independent entity and more or less autonomous body distinct and separate from the Government and would not function as a department of the Government and its employees were not appointed by the Provincial Government---Plaintiff or the defendant not belonging to the Local Council Service, could not be said to be civil servants---Both the Courts had come to a concurrent finding of fact that the plaintiff having been inducted .into service earlier' in point of time as compared to the defendant, was entitled to claim -seniority as against the defendant---In absence of any misreading or non-reading of evidence and legal infirmity in concurrent s of the Courts below, revision against said was dismissed: Government of West Pakistan v. Fida Muhammad Khan PLD 1960 SC 45; Government of West Pakistan v. Fateh Ullah Khan PLD 1960 SC 105; Province of West Pakistan v. Muhammad Akhtar Quresht and others PLD 1962 SC 428; Manzur Ahmad and others v. Ch. Muhammad Ishaq and others PLD 1964 SC 17 and Dr. Abdul Hafeez v. Chairman. Municipal Corporation, Lahore and others PLD 1967 Lah. 1251 ref. M.M. Bhatti for Appellant. Rana Sardar Ahmed for Respondent No. 1. Mian Muhammad Bashir, Asstt: A.-G. for Respondent…

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