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Civil Petition for Special Leave to Appeal No. 1033 of 1979, decided on 3rd December, 1980.

(On appeal against the judgment of the Lahore High Court, Lahore dated

30th September, 1979).

Art. 185(3)-Leave to appeal against order of High Court up holding order of Additional District Judge accepting appeal of respon dent against his reversion to a lower grade, allowed to examine questions (i) whether respondent served during extended period of probation when action, taken against him; (ii) whether rules made by Government operative at relevant time; (iii) whether petitioner entitled. to statutory protection on such account.

Sh. Maqbool Ahmad, Advocate Supreme Court with Muhammd Aslam Chaudhary, Advocate-on-Record for Petitioner.

Nemo for Respondents.

Date of hearing : 3rd December, 1980

-The West Pakistan Small Industries Coporation in which the respondents were employed was dissolved. Its rights and liabili ties devolved on the Province of Punjab. Shamim Ahmad, respondent, was promoted as Officiating Deputy Manager on 22-9-1967 but was reverted to his original post as Assistant Manager on 27-5-1969. He was serving as a Welfare Officer in the Education Department. He filed a suit challenging his reversion which was dismissed on 21-2-1976. His appeal was, however, accepted by As the Additional District Judge, Lahore on 20-7-1976 and the suit was decreed. The matter was taken by the Punjab Small industries ,Corporation to the Lahore High Court in R. S. A. No. 632/76 which means dismissed on 30-2-1969. Hence this petition for special leave to appeal.

2. The questions that arise in this case are -

(a) Whether Shamim was serving during the extended period of probation when the action was taken against him

(b) Whether the Rules made by the Government were operative at the relevant tisme and

(c) Was the petitioner entitled to statutor;, protection on that account

Leave to appeal is granted against the order of the High Court to consider these questions.

Leave granted.