Law:

Section:

West Pakistan Municipal Committee Service Rules, 1969-------Rr. 5 & 8---Constitution of Pakistan (1973), Art.199---Constitutional petition---Appointment---Review application---Maintainability---Petitioner was posted as Accounts Clerk in BS-7 and said order of posting was implemented---Review application filed by respondent against said posting was dismissed by Provincial Secretary Local Government observing that there was no provision for review under West Pakistan Municipal Committee Service Rules, 1969---Review application filed by another respondent was however, allowed by Provincial Secretary Local Government---Review being a substantive right and there being no provision for review in West Pakistan Municipal Committee Service Rules, 1969, impugned order of Provincial Secretary Local Government was without lawful authority---Impugned order was set aside being illegal and void. Muzaffar Ali v. Muhammad Shafi PLD 1981 SC 94; Ali Muhammad through Legal Heirs and others v. Chief Settlement Commissioner and others 2001 SCMR 1822 and Messrs Kasur Oil Mills (Pvt.) Limited v. Federation of Pakistan Law, Justice and Human Rights Division through President of Pakistan, Islamabad and others 2001 MLD 665 ref. Rana Muhammad Nazir Saeed for Petitioner. Saifullah, Head Clerk for Respondent No.1. Nemo for the Remaining Respondents. Date of hearing: 31st January, 2006. JUDGMENT MAULVI ANWARUL HAQ, J---The petitioner was appointed as an Octroi Clerk in BS-5 on 22-5-1986. He was transferred as Tax Clerk on 5-5-1988. Thereafter he was promoted as Accounts Clerk in BS-6 on 13-4-1989. This post was upgraded as BS-7 and the same scale was granted to the petitioner vide order dated 28-6-1989. This order remained unchallenged. The post was then upgraded to BS-10 vide Resolution No.6 dated 20-1-1991 but this Resolution was withdrawn on 22-4-1992 and he remained in BS-7. He was then transferred as Head Clerk on 9-6-1992 in BS.7. This post was later upgraded to BS-11 vide Resolution No.13 dated 24-12-1992 and the said scale was granted to the petitioner but later the Deputy Commissioner withdrew the higher pay scale as well as upgradation of the post. On 9-9-1993, the petitioner…

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