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Petitioner: MUHAMMAD ARSHAD VS Respondent: CHAIRMAN, ZILA COUNCIL, SAHIWAL
Court Name: Lahore High Court Judge(s): Sh. Abdul Razzaq Title: MUHAMMAD ARSHAD vs CHAIRMAN, ZILA COUNCIL, SAHIWAL Case No.: Writ Petition No,3946 of 1999 Date of Judgment:1999-05-06 Reported As: 2000 MLD 899 Result: Petition dismissed
Judgment ORDER ' Instant writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been filed for declaring order, dated 22-4-1999 passed by the Chairman, Zila Council, Sahiwal/respondent to be illegal, unlawful, null and void, of no legal effect qua the rights of the petitioners. 2. Briefly stated the facts are that consequent upon the detachment of Tehsil Arifwala from Zila Council, Sahiwal and attachment with Zila Council, Pakpattan, 25% of the Staff of Zila Council, Sahiwal has to be shifted to Zila Council, Pakpattan. The said decision was taken in a meeting chaired by the Commissioner, Multan Division, Multan, on 27-2-1995. This order was agitated vide W.P. No,1766 of 1999 which was dismissed on 13-1-1999. As a result of said decision, dated 13-1-1999, the services of the petitioners have been placed at the disposal of Chairman, Zila Council, Pakpattan for further posting. 3. The impugned order has mainly been assailed on the ground that the same is in continuation of order, dated 27-2-1995 which was passed under the Chair of Commissioner, Multan Division, Multan, so appeal cannot be heard and disposed of by the Commissioner, Multan Division, Multan, and as such instant writ petition is maintainable. 4. A perusal of the record shows that order, dated 27-2-1995 was passed regarding distribution of staff from Sahiwal to Pakpattan. It was an administrative order which was passed under the Chair of Commissioner, Multan Division, Multan. Instant order, dated 22-4-1999 Annexure 'B' has been passed by the order of Chairman, Zila Council, Sahiwal. According to section 166 of the Punjab Local Government Ordinance, 1979, an appeal against his order, dated 22-4-1999 lies with the Commissioner, Multan Division, Multan.
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5. Since an efficacious remedy in the form of an appeal to the Commissioner, Multan Division, Multan, is available with the petitioners, so that instant writ petition is not maintainable and is hereby dismissed.