' In this Constitutional petition order dated 27-4-1985 passed by respondent No, 1 through which the appeal filed by the respondent against order of his removal from the post of Sanitary Inspector was accepted and he was reinstated in service.
2. The facts of the case are that the post of Sanitary Inspector was a scheduled post against which the respondent was duly appointed and he was performing function against the said post. Through resolution passed on 17-3-1984 the Municipal Committee abolished the said post. Under rule 2(3) of the Punjab Local Councils (Schedule of Establishment) Rules, 1981, the schedule of posts could be amended by the Local Council only with the sanction of the Government. The power to grant this sanction admittedly had been delegated to the Deputy Commissioner.
3. Mr. Munir Ahmad, Chief Officer Town Committee who is present in the Court when asked submitted that though the resolution for abolition of the said post which amounted to amendment of schedule of establishment within the meaning of the said sub-rule was sent for grant of sanction by the Deputy Commissioner but the same was not granted. Subsequent to the said Resolution Deputy Commissioner, Bahawalpur on 5-2-1985 issued Schedule of establishment in which at Serial No, 7 the post of Sanitary Inspector was mentioned which is also proof of the fact that the amendment in the schedule through abolition of the said post was not given sanction or the said post was treated to be still existing in the schedule.
4. The order passed by respondent No, 1 in appeal has been questioned mainly on the ground that the said officer was vested with the power to hear appeals against the orders passed by the Municipal Committee under the Efficiency and Discipline Rules where the removal of the employee of the Local Council from service had taken place on disciplinary grounds and not on the ground of abolition of post which did not amount to dismissal.
5. The facts as narrated above clearly show that the post of Sanitary Inspector was never legally abolished and the same continues existing in the schedule of establishment as the abolition of the same through resolution passed in 1984 to amend the schedule was never sanctioned by the Government. Even if the order passed by respondent No,1 technically speaking was not maintainable, I am not inclined to exercise my discretion in favour of issuance of writ in order to perpetuate the illegality committed by the Local Council and respondent No,2 was treated to have been relieved on the erroneous assumption that the said post stood abolished by way of amendment in the schedule though there was no sanction given by the Government.
6. The order dated 30-4-1984 passed by the Local Council for relieving the respondent from his duties of the post of Sanitary Inspector was void ab initio which is hereby declared so. Respondent No, 2 shall be deemed to have never been relieved from service and he shall be paid arrears of dues. The writ petition with the above direction is hereby disposed of.