1. S. A. MAHMOOD (CHAIRMAN).-This is an appeal by Pirzada Khurshid-uz-Zaman, Superintendent Octroi, Municipal Com--mittee, Haroon Abad, who prays for fixation of his seniority above Messrs Muhammad Anwar Khan,-Ch. Muhammad Yaqub, Moeenuddin Lodhi and Muhammad Alam Khan and others. The contention raised on behalf of the respondents is that as he is an employee of a Municipal Committee, he is not a Govern--ment servant, and an appeal by him does not lie to this Tribunal. A Government servant, who is competent to file an appeal, is defined in West Pakistan Civil Services (Appellate Tribunal ordinance, 1969, under section 2(c) as a person serving in connection with the affairs of Province of West Pakistan. At the time of the filing of the appeal, the appellant was not a Government servant, since he was serving as an Octroi Superintendent in a Municipal Committee. With effect from the date on which the Municipal Administration Ordinance, 1960 came into force he became an employee of the Local Council Services under sections 29 and 30 of the Municipal Administration Ordinance. It has now been held by the Supreme Court in State v. Muhammad Riaz-ul-Haq (PLD 1964 SC 434 ), and the High Court of West Pakistan in Dr. Abdul Hafeez v. Chairman, Municipal Corporation (PLD 1967 Lah. 1251), that Municipal Employees are not civil servants functioning in connection with the affairs of the Province. It is in fact conceded before us that this appeal by the appellant does not lie and is not competent.
2. We, therefore, dismiss this appeal with no order as to costs.