| Case ID |
217c6219-89ec-4941-900e-787d994e48b4 |
| Body |
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| Case Number |
Writ Petition No.3673 of 2006 |
| Decision Date |
May 25, 2006 |
| Hearing Date |
May 25, 2006 |
| Decision |
The petitioner, Chaudhry Azhar Hussain, a member of the Punjab Local Council Service (BS-17), was appointed as the Town Municipal Officer (T.M.O.) in Ferozewala, District Sheikhupura, on 26-11-2005. A subsequent reference by the Tehsil Nazim led the Chief Minister Secretariat to order on 31-03-2006 that the petitioner may continue in his post until retirement on 14-12-2007. However, an order dated 17-04-2006 was issued by the Secretary of the Local Government and Rural Development Department, Government of Punjab, appointing respondent No.3, a deputationist from the National Telecommunication Company (NTC), as the T.M.O., thereby replacing the petitioner. The petitioner challenged this order under Article 199 of the Constitution of Pakistan, arguing that the appointment violated the Punjab Local Governments District Service Rules, 2005, specifically Rules 2(1)(e), 3, 7, 11, and 20, as well as Articles 199 and 212 of the Constitution. |
| Summary |
In the landmark case of Chaudhry Azhar Hussain versus the Secretary of the Local Government and Rural Development Department, Government of the Punjab, Lahore, et al., the Lahore High Court delivered a pivotal judgment on May 25, 2006. The petitioner, Chaudhry Azhar Hussain, held a position within the Punjab Local Government Service (BS-17) and was appointed as the Town Municipal Officer (T.M.O.) in Ferozewala, District Sheikhupura, on November 26, 2005. A subsequent directive from the Tehsil Nazim ensured his continuation in the role until his retirement on December 14, 2007. Despite this, an order issued on April 17, 2006, by the Secretary of the Local Government and Rural Development Department, Government of Punjab, appointed a deputationist from the National Telecommunication Company (NTC), referred to as respondent No.3, to the same T.M.O. position, effectively displacing the petitioner.
The petitioner challenged this appointment under Article 199 of the Constitution of Pakistan, asserting that it contravened the Punjab Local Governments District Service (Tehsil/Town Municipal Administration Cadre) Rules, 2005. Key sections invoked included Rule 3, which outlines the composition and service rules; Rule 2(1)(e) and Rule 20, which pertain to the authority and appeal mechanisms; and Rules 7 and 11, which govern appointments and service conditions within the cadre. The petitioner argued that respondent No.3 was ineligible for the T.M.O. position as he was neither a member of the Local Governments Service nor an employee of the relevant departments, nor did he belong to the Provincial Management Service or APUG Service. This made his appointment invalid under the established rules.
The respondents, represented by the Additional Advocate-General Punjab and counsel for respondent No.3, defended the appointment by invoking Rule 20, which provides for appeals within sixty days to a higher authority. They contended that since the order was issued by the Government of Punjab itself, there was no higher authority available for the petitioner to appeal to, rendering the departmental appeal remedy ineffective and thus, the constitutional petition maintainable. Additionally, they argued that as the petitioner was not a civil servant under the Punjab Service Tribunal Act, 1974, Articles 199 and 212 of the Constitution did not apply to his case.
Upon thorough examination, the Lahore High Court found merit in the petitioner's arguments. The court held that the appointment of respondent No.3 was in direct violation of the Punjab Local Governments District Service Rules, 2005. Specifically, the deputationist from NTC did not belong to any of the eligible services outlined in Rule 3(3), nor was he an employee of the Local Government and Rural Development Department or the Housing, Urban Development, and Public Health Engineering Departments. Furthermore, Rule 20's provision for appeals was deemed illusory in this context, as the Government of Punjab was the highest authority and no higher avenue for appeal existed within the rules.
The court also addressed the issue of locus standi, dismissing the respondents' argument that the petitioner lacked the standing to challenge the order. It was established that respondent No.3's appointment and the consequential transfer of the petitioner were intrinsically linked, allowing the petitioner to legitimately question the validity of the order.
In conclusion, the Lahore High Court declared the order dated April 17, 2006, as illegal and of no legal effect, thereby reinstating the petitioner to his rightful position as the Town Municipal Officer until his retirement. The judgment underscored the importance of adhering to established service rules and the constitutional safeguards provided to employees within the local government framework. This case serves as a critical reference for similar disputes involving administrative appointments and the proper channels for appeals within governmental structures. |
| Court |
Lahore High Court
|
| Entities Involved |
Government of Punjab,
Lahore Development Authority,
Ferozewala,
Local Government and Rural Development Department,
District Sheikhupura,
Punjab Local Governments District Service,
National Telecommunication Company (NTC),
Chief Minister Secretariat,
Housing, Urban Development and Public Health Engineering Departments,
Provincial Management Service,
APUG Service
|
| Judges |
SYED ZAHID HUSSAIN, J
|
| Lawyers |
Muhammad Khalid Mirza and 3 others,
Muhammad Asadullah Siddiqui for Petitioner,
Ch. Aamer Rehman. Addl. A.-G. for Respondent,
Asmat Kamal Khan for Respondent No.3
|
| Petitioners |
Chaudhry AZHAR HUSSAIN
|
| Respondents |
2 others,
SECRETARY, LOCAL GOVERNEMNT AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF THE PUNJAB, LAHORE
|
| Citations |
2006 SLD 1749 = 2006 PLC 693
|
| Other Citations |
Muhammad Khalid Mirza and 3 others v. Lahore Development Authority and 12 others (2004 PLC (C.S.) 800)
|
| Laws Involved |
Punjab Local Governments District Service (Tehsil/Town Municipal Administration Cadre) Rules, 2005,
Constitution of Pakistan (1973)
|
| Sections |
R.3,
Rr.2(1)(e),
Rr.20,
Rr.3,
Rr.7,
Rr.11,
Rule 4,
Rule 7,
Rule 11,
Rule 20,
Art.199,
Art.212
|