1984 PLP (C (PLC(CS))

S. ABDUL JABBAR KHAN (CHAIR MAN.

Roshan Din has filed this appeal a under section 4 of the Punjab Service Tribunals Act, 1974, in which he has impleaded the Chairman Zi1a Council, Bahawalnagar and Director, Local Government and Rural Development Bahawalpur, as respondents.

2. By virtue of this appeal he has prayed that the impugned order, dated 7th December, 1982, as well as 20th September, 1983, passed by the respondents be set aisde and he be reinstated to service.

3. This case was admitted to regular hearing on the point of discri. mination and comments were called for from the respondents. The respondents have filed their comments and have taken legal objection of the maintainability of appeal, as according to the respondents, the appellant was not a civil servant. The case was adjourned for today in order to examine this legal issue, as the learned counsel for the appellant sought adjournment for the same.

4. Learned District Attorney has relied on section 44 of the Punjab Local Government Ordinance and has submitted that according to this section, unless and until the appellant falls within the membershi of Local Council Service, he cannot agitate his claim before this Tribune against any of the order of the functionaries of the said Department. He has also referred to the Schedule attached to the West Pakistan Local Council Service to show that the post of the appellant was not included in the said Schedule and thus his case would be beyond the purview of this Tribunal.

5. On the other hand learned counsel for the appellant, while. meeting this argument has relied on the appointment order, which according to him was issued by the Deputy Commissioner, Bahawalnagar/ ex-officio Chairman of the District Council, Babawalnagar, and has urged that as the post is pensionable and therefore, he will be considered a civil servant. He has also pointed out that the A. C. R. has been written by the Chief Officer who is a civil servant himself, therefore, the plea of the learned District Attorney is not sustainable.

6. We have taken into consideration the arguments so advanced by the parties and find that the appellant was appointed by the Chairman, District Council, Bahawalnager, vide order, dated 21st April, 1968 which is signed by the Secretary, District Council, Bahawalnagar. We have also carefully examined section 44 of the Punjab Local Government Ordinance and have also taken note of the schedule attached to the Bahawalnagar District with the Local Council Service, wherein the post of appellant has not been shown. The law on this point has absolutely been settled without any ambiguity that unless and until a person is a civil servant, he cannot come within the purview of this Tribunal, and there can be no dispute about the fact that all the employees of Zila Councils, Municipal Committees, Town Committees etc. can only come before this Tribunal who are members of Local Council Service.

7. In the present case the appellant does not fall within the defini?tion of Member of Local Council Service and was appointed also by the Chairman of the Zila Council, therefore, we are of the considered opinion that the appeal before us is not maintainable.

8. Resultantly the appeal fails as being not maintainable. There wilt be no order as to costs. Order to be released to the parties. A. E.??????????????????????????????????????????????????????????????????????????????????????????????????? ???? Appeal dismissed.