Pakistan Case Law← Search
1981 PLC 301

SECRETARY, PROVINCIAL LOCAL GOVERNMENT vs BOARD, PUNJAB ETC

Citation1981 PLC 301
CourtLahore High Court
Case No.No, 1788 of 1970,
Date1971-06-06
Judge(s)Not Mentioned
ResultOrder accordingly

ORDER

' Learned counsel states that petitioner No. 1 has since been given the relief prayed for in the writ petition and, therefore, his name be deleted from the array of the petitioners. We .

2. As regards the other petitioners, the report submitted by the Department says that with effect from 1-7-1968 by a Notification No, S.

0. (LCS)-12/64 dated 1st July, 1968, the West Pakistan Local Councils and Municipal Committees Service Rules, 1963 were amended so as to include the posts of Principals, Professors, Lecturers and Directors of Physical Education of Degree and Intermediate Colleges maintained by the Local Councils, in the Local Councils Service with the result that the Local Bodies were no longer appointing or controlling authorities of the said posts. Admittedly the two petitioners were appointed by the Managing Committee of the Bhalwal Degree College on 25-9-1968 and 1-11-1968 respectively. In view of the amendment made in the West Pakistan Local Councils and Municipal Committees Service Rules, 1963, the Managing Committee had no authority to make appointments of the petitioners on the posts of Class II (Senior) in the Education Branch of Local Councils Service and as such the petitioners have no lawful right to continue in service. Learned counsel for the petitioners has attempted to argue that by virtue of the Municipal Degree College Bhalwal, Managing Committee Rules, 1968, promulgated on 28-8-1968 the Managing Committee had been given power to make appointments of, to grant promotions and leave to, to punish and remove the members of the establishment, whose pay does not exceed such limits as may be specified by the Committee under the provisions of the West Pakistan Local Councils Conduct of Business Rules, 1960, and therefore the appointment of petitioners made by the Managing Committee are not without authority. The argument is misconceived because the West Pakistan Local Council and Municipal Committees Rules, 1963 as amended in July 1968, are in no manner superseded by the Municipal Degree College, Bhalwal. Municipal Committee Rules dated 28-8-1968, which rules merely relate to the executive powers of the Managing Committee pertaining to posts not included in the Local Councils Service. On this view of the matter, we find no merit in this petition, which is hereby dismissed in limine.

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.
Disclaimer·Privacy·Terms·Search