Malik MUHAMMAD AZAM and 4 others vs PROVINCE OF PUNJAB and 2 others
This appeal by leave of the Supreme Court of Pakistan arises from the dismissal of a constitutional petition by the Lahore High Court. The appellants, employees of the Local Councils Service, claimed the benefit of an amending notification dated 7-9-1980 under the Punjab Civil Servants (Pay Revision) Rules, 1977, which upgraded Superintendents from Grade-11 to Grade-15. The core legal question was whether amendments to the main rules apply automatically to local council employees without formal adoption by the Provincial Government. The Supreme Court observed that two of the appellants were already enjoying National Pay Scale 16, while the case of the remaining three appellants regarding the grant of NPS-15 had not yet been finalized by the Government and was pending when the writ petition was filed. Holding that the matter was premature and unfinalized, the Court dismissed the appeal with no order as to costs, establishing that unfinalized administrative matters cannot form the basis of a constitutional petition.
- Whether subsequent amendments to the Punjab Civil Servants (Pay Revision) Rules, 1977 apply automatically to employees of the Local Councils Service?
- Can a constitutional petition be maintained when the departmental matter regarding upgradation is yet to be finalized by the Government?
- Punjab Civil Servants (Pay Revision) Rules, 1977
ORDER
1. ' GHULAM MUJADDID, J.--This appeal by Malik Muhammad Azam and four others is by leave of this Court.
2. ' On 16-5-1977, the Punjab Civil Servants (Pay Revision) Rules, 1977, by means of Notification No,FD- PC-2-1/77 were made applicable to the employees of the Local Councils Service of all categories in all respects as provided in the same Rules. The amendment in the schedule to the said Rules was notified on 7-9-1980 as a result of which the Superintendents (Non-Secretariat Office) in Grade-11 were placed in Grade-15 w.e.f, 1-9-1980. The appellants claimed the benefit under the amending notification of 7-9-1980. It was denied to them. The Provincial Government's reply was that the notification was not automatically applicable unless formally adopted by the Government in the Local Government and Rural Development Department. The appellants by means of a Constitution petition challenged the Government's stance before the Lahore High Court. Their petition was dismissed in liminc.
3. Leave was granted to consider that the main rules of 1977 having been made applicable, the subsequent amendments were applicable automatically to the appellants who were entitled to the benefit of the notification dated 7-9-1980.
4. ' During the course of arguments of the learned counsel for the appellants, it was brought to our notice that appellants Malik Muhammad Azam and Shamas Din were already enjoying NPS-16.
5. With regard to the remaining three appellants, learned counsel appearing for the respondents submitted that matter had not yet been finalised. In support of this he drew our attention to the report submitted by respondent No,2 in the Constitution Petition filed by the appellants. The relevant portion of the report is to the following effect:- "...The Mayor, Municipal Corporation Rawalpindi moved the case of the petitioners through the Commissioner Rawalpindi Division for grant of NPS-15 but before any final order could be passed by the Government in the matter, they chose to file this Writ Petition."
6. It was submitted that it is thus obvious that the final order has not yet been passed. This position is not challenged by the learned counsel for the appellants. It is, therefore, clear that their case is yet to be finalised.
7. ' For the foregoing reasons this appeal has no merit. It is dismissed with no order as to costs.