1971 PLP [C (PLC(CS))
MUHAMMAD ANWAR Versus COLLECTOR, JHANG AND OTHERS
| Citation | 1971 PLP [C (PLC(CS)) |
| Forum / Court | 1971 P L C 182 C.S.T. |
| Bench Members | S. A. Mahmood, Chairman, Bashir Ahmad Khan and |
| Parties | MUHAMMAD ANWAR Versus COLLECTOR, JHANG AND OTHERS |
Q1: What are the key laws and sections cited in 1971 PLP [C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1971 PLP [C (PLC(CS))?
The case was heard and decided by the 1971 P L C 182 C.S.T. bench comprising: S. A. Mahmood, Chairman, Bashir Ahmad Khan and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1971 PLP [C (PLC(CS)) (MUHAMMAD ANWAR Versus COLLECTOR, JHANG AND OTHERS). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Fazal Karim for Appellant.
Headnotes / Summary
Punjab Civil Services (Appellate Tribunals) Ordinance (IV of 1970), Ss. 4, 8 & 9 read with S. 2(c)‑Government servant retrench ed and reliever: of his appointment‑No more a Government servant and hence not entitled to appeal to Tribunal‑Patwari retrenched and rep Patwari candidate challenging order of retrenchment and reversion after having been relieved of his appointment‑Appeal, in cicumstances, held, incompetent and dismissed in limine.
Judgment & Decree
S. A. MAHMOOD (CHAIRMAN).‑This is an appeal by Mr. Muhammad Anwar appellant, purporting to be under section 4 read with section 9 of the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970, praying that he may be declared senior to respondents 4 to 16, that his name may be ordered to appear in the list of Patwaris at the correct place, and that the order of the Collector by which the appellant was reverted on 31‑12‑69 be declared as illegal, ultra vires and of no legal effect. The appellant was a Patwari candidate and was appointed to a vacancy out of a turn in 1965. When some retrenchments were to take place, the Collector ordered that persons, who were junior or had been appointed out of turn, should be reverted and the appellant along with two others was reverted. He appealed against the order of reversion to the Commissioner and the Board of Revenue. Both these appeals failed. The finding of the Board of Revenue was that the objections to the order of Commissioner were highly technical, and that the order of reversion was eminently equitable anal just. It is obvious that this appeal is not competent under the Punjab Civil Services (Appellate Tribunals) Ordinance, 1970, as the appellant having been relieved of the rank of Patwari, is not Government servant, as defined in clause (c) of section 2 of the Ordinance, as he is not a Member of the Civil Service or holds a civil post in connections with the affairs of the Province, or is not an employee of the Government of the Punjab, whose services have been placed at the disposal of another Government or Authority. An appeal under section 8 lies at the instance of a Government Servant, but since the appellant is not a Govern ment Servant, this appeal is incompetent and is dismissed in limine.