CH. IJAZ AHMAD, J.- The brief facts out of which the present writ petition arises are that the petitioners were appointed as Moharrar Chungi in pay Scale No. 5 on probation for two .'years ride order dated l4-2-l995 with the condition that petitioners may be terminated at any time without issuing show-cause notice. On l7-2-l997 the period of probation was extended that the services of the petitioner may be terminated on account of financial position of the Union Council. The Union Council Khankah Sharif was down graded vide Notification of the Government of Punjab dated 3l-l- l996 and the list of Ex-staff of Town Committee mentioned six Chungi Moharrar which were adjusted by the Competent Authority on 25-4-l996 and this fact was also noted in their service books. The relevant terms and conditions of (?) Chungies are as follows: #tbsI r#theCj> ^ -l -J J -vjf>/~ J~ yv -W{{Urdu text}} The charge was given to respondent No. 3 alongwith the staff in which the name of the petitioners were appeared. The services of the petitioners were terminated on l- H-l997.On account of deficit financial position.2. The learned counsel for the petitioners contended that petitioners were adjusted, therefore, they are not temporary or on probation; hence their services cannot be terminated without adopting proper procedure provided under the relevant Rules. The order of the respondents is bad in the eyes of law as the order was passed without issuing of show-cause notice to the petitioners. The petitioners were terminated malafide by the Administrator, Secretary and respondent No. 3.
3. The learned counsel for respondent No. 3 pointed out that from the title of writ petition that only Ghulam Mohy-ud-Din has filed this writ petition with the following prayer: - "In view of above, it is most respectfully submitted that respondents may kindly be directed to act in accordance with law in the affairs of the petitioners and may be restrained from ousting the petitioners from the job of Octroi Clerk till the disposal of the writ petition.
Further pointed out from ground (c) of the writ petition which is to the following effect:- .
"That ail of a sudden petitioners have heard that they are being ousted from the post of Octroi Clerks and as such they agitated their grievance before the concerned authority i.e. Respondent No. 2 but feeling dissatisfied with the situation and having no other remedy available under the law the present Constitutional petition is being before this August Court."
He further' argued that petitioners have alternative remedy under the West Pakistan Municipal Committee Services Rules, l969 by virtue of Rule l3-A. He further pointed out that the petitioners are governed by Punjab local Council Services (Efficiency and Disciplinary) Rules, 1981 and penalties are provided under Rule 8 and appeal and revision against these penalties is provided under Rules, l7, l8, l9, 20 and 22, therefore, the writ petition is not maintainable. He further argued that the termination of the petitioners is simpliciter without any stigma, therefore, writ petition is not maintainable. He relied upon "Riaz Ali Shah v. Pakistan" (PlD 1967 lahore 491).
4. The learned counsel for respondent No. l also adopted arguments of learned counsel for respondent No. 3.
5. By Act No. l7 of l973 Section 2-A is added which is to the following effect:"2A. Service under certain corporations, etc. to be. Service of Pakistan. ~ Service under any authority, corruption, body or organization established by or under a Federal law or which is owned or controlled by the Federal Government or in which the Federal Government has a controlling share or interest is hereby declared to be service of Pakistan and every person holding a post under such authority, corporation, body or organization shall be deemed to. Be a civil servant for the purposes of this Act.".
The petitioners are Government servants by virtue of Section 44 of Punjab local Government Ordinance, 1979 which is reproduced hereunder: "44. Members of local .Council service to be civil servants.-(l) Notwithstanding. Anything to the contrary in any other-law, the . Members of the local Council Service constituted under the Ordinance shall be deemed to be civil servants for the purposes of the 'Punjab ' Service Tribunals Act, 1974 (IX of 1974)."
6. The petitioner has also alternative remedy before the Service Tribunal by virtue of the above- mentioned provisions, therefore, by virtue of Article 2l2(2) of the Constitution of Islamic Republic of Pakistan, l973 and Section 4 of the Service Tribunals Act this Court has no jurisdiction as is held by Supreme Court in Yarnin's case (P.liD. l980 S.C. 22). The relevant observation is as follows:- "The appeal being one within the ambit of Section 4 of the Service Tribunals Act to examine on merits all questions of law and fact said to be raised by the appellant to challenge the order of his dismissal," andas also held in (P.l.D. l988 S.C. 387) and (P.l.D. l989 S.C. 508) and (l986 SC.MR 18).'
7. In view of what has been stated-above this writ petition is dismissed with no order as to costs.