SECRETARY TO GOVERNMENT OF PUNJAB, BASIC DEMOCRACIES SOCIAL
This matter arose from civil petitions seeking leave to appeal against a Lahore High Court judgment that set aside the termination of the respondents' services as Legal Advisers to the Lahore Municipal Corporation. The core legal questions were whether the Government of Punjab had the statutory authority to terminate the services of the Municipal Corporation's Legal Advisers after the repeal of the enabling Ordinance, and whether the Government had the locus standi to challenge the High Court's judgment when the termination was purportedly executed by the Municipal Corporation. The Supreme Court of Pakistan dismissed the petitions, holding that the petitioner failed to demonstrate any surviving statutory provision empowering the Government to terminate the respondents' services following the repeal of Ordinance XXXII of 1965 by Ordinance XLIX of 1969. Furthermore, the Court established that if the services were terminated by the Lahore Municipal Corporation, the Government lacked the locus standi to challenge the High Court's decision on the Corporation's behalf.
- Does the Government have the authority to terminate the services of a Municipal Corporation's Legal Adviser after the repeal of the authorizing Ordinance?
- Can the Government challenge a High Court judgment on behalf of a Municipal Corporation if the Corporation itself does not appeal?
- Does the Government possess locus standi to file an appeal against the reinstatement of municipal employees whose termination was executed by the Municipal Corporation?
- Section 3, West Pakistan Municipal Committees (Legal Advisors) Rules 1964
- Section 3(1)(a), West Pakistan Municipal Committees (Legal Advisors) Ordinance 1965
- West Pakistan Municipal Committees (Legal Advisors) (Repeal) Ordinance 1969
ORDER
1. WAHEEDUDDIN AHMAD, J.-This order will dispose of. Civil Petitions Nos. 101, 102 and 103 of 1972 in which common question of law is involved.
2. The respondents were appointed as Additional Legal Advisers and Legal Advisers of the Lahore Municipal Corporation. Their appointment as Legal Advisers was approved by the West Pakistan Government. By letter dated the 10th November 1970 of the Chairman of the Lahore Municipal Corporation, the respondents were informed in the following terms:---- "As directed by Government under their Memorandum No. SO. IV-LMC-3(26)/69, dated the 9th November 1970, your services will stand terminated on the expiry of period of notice of 90 days from the date of issue of this notice in accordance with the provisions of section 3 of the West Pakistan Municipal Committees (Legal Advisors) Rules, 19645"
3. The respondents challenged this order in Writ Petitions Nos. 1720-S 1721-S and 1722-S of 1970. A Division Bench of the Lahore High Court, by judgment dated the 14th February 1972, has set aside the order of termination of services of the above-mentioned respondents. The petitioner seeks permission to file an appeal against the said judgment.
4. Mr. Kamal Mustafa Bokhari, learned Assistant Advocate-- General, states that Civil Petition No. 103 of 1972 has become infructuous as the post of the Legal Adviser has been abolished and the service of the respondent has been terminated. He does not, therefore, press this petition.
5. Accordingly, this petition stands dismissed.
6. As regards the other petitions, the learned Assistant Advocate-- General, contended that the appointment of the respondents was approved under section 3(1) (a) of Ordinance No. XXXII of 1965. In this Ordinance, it was open to the Government to terminate the services of the respondents. This Ordinance was repealed by Ordinance No. XLIX of 1969 and there was no longer any power in the Government to remove the respondents from the service of the Lahore Municipal Corporation. The learned Asstt. Advocate-General was unable to satisfy us that there was any provision under which the Government was com--petent to terminate the services of the respondents.
7. According to the learned Assistant Advocate-General, the services of the respondents were terminated by the Lahore Munici--p.I Corporation. If that is so, it is for the Lahore Municipal Cor-- poration to challenge the order of the High Court. The petitioner cannot challenge the judgment of the High Court on behalf of the Lahore Municipal Corporation. It has no locus standi to do so. In view of this, Petitions Nos. 101 and 102 of 1972 also stand a dismissed.