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1991 CLC 1467

Ch. MUHAMMAD HUSSAIN and 9 others vs SECRETARY, LOCAL GOVERNMENT

Citation1991 CLC 1467
CourtLahore High Court
Judge(s)Irshad Hasan Khan
ResultOrdered accordingly

The Government of Punjab has passed an executive order on 23-9-1989 introducing a system of granting technical sanctions to the arrangement of works of Local Councils. This order has been held in abeyance on 7th October, 1989. The grievance of the petitioners is that the term "Local Council Engineer" as defined in rule 2 (b) of the Punjab Local Councils (Works) Rules, 1981, includes the Chief Engineer of a Local Council and as such the works within the competence of the Chief Engineer cannot be allocated for the purpose of techinical sanction to the Egineers of Rural Development Department, which is intended to be done in pursuance of the impugned order.

2. During the pendency of the writ petition, the Secretary to the Government of Punjab, Local Governments and Rural Departments, agreed to the revival of the order dated 7-10-1989 with certain modifications as stated in the document A/1. Learned counsel for the petitioners is not satisfied with the aforesaid arrangement and is of the view that the impugned letter dated 7- 101989 with the modifications contemplated in the memo dated 27-1-1990 is violative of the provisions of section 40 of the Punjab Local Government Ordinance read with rule 24 of the Punjab Local Councils (Works) Rules, 1981.

3. Be that as it may, it is clearly stated in the report submitted by the Secretary to the Government of the Punjab, Local Government and Rural Development Department that the impugned order is an interim order and final adjudication of the matter is under consideration. In the interest of expeditious disposal of the dispute and with a view to avoid protracted litigation, the respondent is directed to take a final decision in the matter as expeditiously as possible but not later than 90 days from today. The petitioners are also afforded an opportunity to explain their view point.

' With this observation the writ petition is disposed of with no order as to costs. A copy of this judgment be sent to the respondent forthwith.

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