1999 PLC (C (PLP)

Khadim Nadeem Malik, A.A.‑G. for Respondents Nos. 2 and

3. Date of hearing: 22nd May, 1998. This judgment will dispose of Writ Petitions Nos. 9997 of 1997 and 1025 of 1997 and Writ Petitions Nos. 336 and 344 of 1998 as the question of law involved in all these four petitions is identical and to some extent facts are also similar.

2. Gul Abbas, petitioner in Writ Petition No. 9997 of 1997 was appointed as Octroi Moharrir vide order dated 7‑10‑1996 passed by the Administrator, Municipal Corporation, Multan against the vacant post out of the quota of deceased's son. Nisar Abbass, the petitioner in Writ Petition No. 10225 of 1997 was appointed as Chowkidar vide Office Order No.262/G, dated 30‑10‑1994. Ghulam Rasool who too is petitioner in Writ Petition No.10225 of 1997 was appointed as a Chowkidar being the son of deceased employee in the spirit of policy laid down in Government Notification NO.S.R.111‑2‑42/92, dated 18‑2‑1997. The third petitioner of Writ Petition No.10225 of 1997 was appointed as a Chowkidar against the vacancy caused by the demise of his father. Habib Ullah, who is petitioner in Writ Petition No.336 of 1998 was appointed as Baildar on 4‑7‑1996 against the vacancy caused by the demise of his father. Next is the case of Muhammad Arshad, petitioner in Writ Petition No.344 of 1998. He was appointed as Baildar vide order dated 21‑10‑1996 against the vacancy caused by the demise of his father.

3. All the petitioners were appointed against vacancies caused by the demise of their father or the mother in the light of Government Notification NO.S.R.111‑2‑42/92, dated 18‑2‑1997 and Local Government letter NO.SO.11(LG)10‑7/93‑P, dated 17‑1‑1996. The respondents dispensed with the services of the petitioners on the receipt of clarification received from the Local Government and Rural Development Department vide letter No.S.O.IV (LG)10‑7/93‑P, dated 14‑7‑1997.

4. Admittedly, the petitioners were appointed against vacancies in accordance with law on the basis of Notification NO.S.R.III‑2‑42/92, dated 18‑2‑1997 and Local Government letter No. SO.II(LG)l0‑7/93‑P, dated 17‑1‑1996. They took the charge of the posts, worked there and any amendment made in the notification by way of a clarification is without lawful authority as the amendment of the rules framed under the Statute cannot be made by a letter of clarification. There is a procedure for the amendment of the rules without adoption of which, it cannot be said that the rules stand amended by way of a clarification as has been done in the present cases.

5. It is noteworthy that the Administrator, Municipal Corporation, Multan vide letter No.2668‑CCO/MC, dated 8‑11‑199'1 sought a clarification from the Government through the Commissioner, Multan as according to the Administrator, the policy introduced vide Circular No.SOR.111‑2042/92, dated 18‑2‑1997 whereby a provision was made in rule 17‑A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 for providing benefit of giving job to one child of a Government servant who dies while in service or is declared validated/incapacitated for further service was not applicable in respect of Local Councils unless similar provision is made in the relevant rules of the West Pakistan Municipal Committee Service Rules, 1969 though the aforementioned letter dated 18‑2‑1997 was endorsed to the Local Council by the Local Government and Rural Development Department vide endorsement No.SO.IV (LG) 10‑7/93 PT, dated 28‑4‑1997 for information and necessary action but for meeting the requirement of law, necessary enactment is needed. This letter of the Administrator was forwarded by the Commissioner, Multan to the Secretary, Local Government and Rural Development Department, Government of the Punjab vide letter No.19‑3‑106/93, dated 22‑11‑1997 and in response to this, the letter issued by the Local Government Department bearing No.SO‑IV (LG)10‑7/93 PT, dated 10‑12‑1997 addressed to the Commissioner, Multan reads as under:‑‑ "Please refer to your No. 19‑3‑106/93, dated 22‑11‑1997, on the subject noted above. (2) The case has been examined by the Administrative Department and decided that there is no need to make amendment in the Municipal Committee Service Rules, 1969. You are, therefore, requested to advise the Administrator, Municipal Corporation, to act in accordance with Rule 17 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 issued by SGA&I Department and duly adopted for the Local Council."

6. The services of the petitioners have been dispensed with in the light of the clarification received from the Local Government vide Letter No.SO‑IV (LG)10‑73/93‑P, dated 14‑7‑1997 while on the clarification sought by the Administrator regarding adoption of Notification dated 18‑2‑1997 the Local Government Department has stated that the Administrator should act in accordance with Rule 17 of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 issued by the SGA & ID and duly adopted by the Local Councils. This clarification is dated 10‑12‑1997.

7. According to Rule 22 of Local Council Service Rules, in all matters not expressly provided for in these rules and subject to the directions of the Board, members of the service shall be governed as nearly as possible by the Punjab Civil Service Rules, Punjab Civil Service Pensions Rules, Punjab Civil Servants T.A. Rules, West Pakistan Government Servants (Medical Attendance) Rules, 1959 and such other general Rules as may have been or may hereafter be prescribed by Government from time to time.

8. The matter contained in Rule 17‑A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974 is a matter not contained in the Punjab Local Council Services (Appointment and Conditions of Service) Rules, 1983 and, as such, the same is applicable to the members of Local Council Service from the date the said Rules had come into force, that is, 8‑6‑1983. In this view of the matter, the interpretation given by the respondents is illegal and without lawful authority. The writ petitions are, therefore, allowed and the orders dated 3‑12‑1997 and 17‑12‑1997 passed by the Administrator, Municipal Corporation, Multan whereby the service of the petitioners were dispensed with are set aside being against the provisions of Rule 17‑A of the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974. The parties are left to bear their own costs. A.A./N‑115/L Petitions accepted.