| Citation(s) |
|---|
| 2003 SLG 942 2003 SLD 942 2003 PLC 547 |
Supreme Court of Pakistan
Civil Appeals Nos. 1420 to 1424 of 1998, decision dated: 23rd November, 2001. (On appeal from the judgment dated 22-5-1998 of Lahore High Court Multan Bench, passed in Writ Petitions Nos.9997 of 1997, 10225 of 1997 336 of 1998, 334 of 1998, 1386 of 1998).
NAZIM HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
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Civil Appeals Nos. 1420 to 1424 of 1998, decision dated: 23rd November, 2001. (On appeal from the judgment dated 22-5-1998 of Lahore High Court Multan Bench, passed in Writ Petitions Nos.9997 of 1997, 10225 of 1997 336 of 1998, 334 of 1998, 1386 of 1998).
NAZIM HUSSAIN SIDDIQUI AND, JAVED IQBAL, JJ
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ADMINISTRATOR, MUNICIPAL CORPORATION
VS
MUHAMMAD ARSHAD and others
Law:
Section:
(a) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974-------R.17-A---Notification No.S.R.III/2/42/92, dated 18-2-1997---Local Government Letter No. S.O.II(LG) 10-7/96-P, dated 17-1-1995--Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal was granted by Supreme Court to consider that whether the provisions of R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, were applicable to the servants of the Municipal Corporation, that whether the letter/instructions applying the provisions of R.17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, to Local Council employees had the effect of amending West Pakistan Municipal Committee Rules, 1969, and that whether the High Court was right in applying the provisions of R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, to the persons who were governed by West Pakistan Municipal Committees Service Rules, 1969. (b) Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974-- ----R.17-A---Notification No.S.R.III/2/42/92, dated 18-2-1997---Local Government Letter No. S.O.II(LG) 10-7/96-P, dated 17-1-1995---Punjab Local Councils Service (Appointment and Conditions of Service) Rules, 1983, R.22---Employees of Municipal Corporation---Provisions of West Pakistan Municipal Committees Service Rules, 1969---Applicability--Contention of the Municipal Corporation was that its employees were governed by the provisions of West Pakistan Municipal Committees Service Rules, 1969, therefore, the provisions of R.17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, were not applicable---Validity---Municipal Administration Ordinance, 1960, having been repealed, provisions of West Pakistan Municipal Committees Service Rules, 1969, were not applicable---Employees of Municipal Corporation by virtue of R.22 of Punjab Local Councils Service (Appointment and Conditions of Service) Rules. 1983, were governed by R. 17-A of Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974---Supreme Court declined to interfere with the passed by High Court---Appeal…
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