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Civil Petition No. 841 of 1982, decided on 31st January, 1983.
(On appeal from the judgment dated 13‑10‑1982 of the Lahore High Court, Lahore in Writ Petition No. 4695/3/81).
‑‑ Art. 185 (3)-Service matter‑Leave to appeal‑Granted to consider question whether matter in dispute was governed by West Pakistan
Local Councils, and Municipal Committees Service Rules, 1963 and not by West Pakistan Health Department Vaccination Subordinate Service Rules, 1968.‑[Civil service].
Tallat Farooq Sheikh, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
Ch. M. Aslam, Advocate‑on‑Record for Respondent No. 3.
Date of hearing : 31st January, 1983.
‑The contention is that the case of the petitioner was decided in the light of the West Pakistan. Health Department Vaccination Subordinate Service Rules, 1968, whereas the Rules which really governed the matter, were the West Pakistan Local Councils and Municipal Committees Service Rules, 1953.
After hearing the learned counsel for the petitioner and the learned counsel for Respondent No. 3 we consider that there is force in this contention. Leave is, accordingly, granted.
Security in the sum of Rs. 500.
The appeal to be made ready on the present record with liberty to the parties to add further documents, if any.
The interim order dated 1‑11‑1982 will continue meanwhile.
The parties agree that in the event of the success of this appeal the case shall have to be remanded to the Commissioner, Lahore Division, by whom the impugned order was passed, for decision of the appeal afresh in accordance with the correct Rules. In view of this likely situation Respondent No. 3 is prepared for the conversion of the present petition into an appeal and its decision today on the above lines. However, as no one appeared on behalf of Respondents Nos. 1 and 2, this is not possible. As, a very short question is involved in this case, the Advocate‑General, Punjab, may be served immediately and the appeal fixed for hearing within the next three months.
Leave granted.
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