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Civil Petition for Special Leave to Appeal No. 917 of 1979, decided on 2nd December, 1980.

( On appeal against the order dated 5th September, 1979 passed by the Punjab Service Tribunal, Lahore).

Rr. 13(2) & 13(3)(c), Explanation V-Probationery appointment Termination of service-Petitioner appointed on probation for two years but continuing in service after expiry of such period-Pre sumption raised by r. 13(3)(c) Explanation V : where initial period of probation not extended by a positive action, probation period deemed to have been extended for a year-Services of petitioner being liable to termination during probation period in manner in which terminated, petition held without merit and dismissed. [Civil services].

Mian Bashir Zafar, Advocate Supreme Court and Rana Maqbool Ahmad Qadri, Advocate-on-Record for Petitioner.

Nemo for Respondents. .

Date of hearing : '2nd December, 1980.

--The petitioner was appointed as Chief Officer of the Municipal Committee, Jhang, on probation on 17th September, 1976. He continued in service till 17th September, 1978 when his services were dispensed with under rule 13(2) of the West Pakistan Local Councils and Municipal Committees Service Rules, 1963. He was paid one month salary in lieu of one month's notice in accordance with the terms of his appointment. The petitioner felt aggrieved and filed an appeal against the order which vas dismissed by the Punjab Service Tribunal, Lahore, by its order dated 5th September, 1979. Hence this petition for special leave to appeal.

2. Learned counsel has submitted that the service of the petitioner was terminated on political grounds as is clear from the minutes of the meeting of the Provincial Local Government Board held on 19th August, 1978 reproduced at page 21 of the paper book.

We have gone through it and find that although the subject under Item No. 1 was "determination of the cases of persons appointed on political considerations", the record of the minutes does not show that any such consideration prevailed with the Board, inter alia, because Messrs Meraj, Muh4cilt4ad Yasin, Javed Akbar and Abdul Malik who fell in the same category but secured high positions in the merit list and were appointed in Grade 16.

5. The fact remains that the petitioner was appointed on probation for two years and that he was continuing in service on the expiry of this period, as rule 13.3(c) raises a presumption that where the initial period of probation is not extended by a positive action it would be deemed to have been extended for a year. This is clear from Explanation V. It is not denied that the service of the petitioner during the period of probation could be terminated in the manner in which it has been terminated.1 This petition has, therefore, no merit and is dismissed.

Petition dismissed.

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