1981 PLP 1079 (SCMR)
Petitioner Versus SHAMIM AHMAD AND ANOTHER-Respondents
| Citation | 1981 PLP 1079 (SCMR) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | Petitioner Versus SHAMIM AHMAD AND ANOTHER-Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1981 PLP 1079 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1079 (SCMR)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1079 (SCMR) (Petitioner Versus SHAMIM AHMAD AND ANOTHER-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sh. Maqbool Ahmad, Advocate Supreme Court with Muhammd Aslam Chaudhary, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing : 3rd December, 1980
Headnotes / Summary
(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.
Judgment & Decree
Sh. Maqbool Ahmad, Advocate Supreme Court with Muhammd Aslam Chaudhary, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 3rd December, 1980 MUSHTAQ HUSSAIN, J.-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.