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Petitioner: MUHAMMAD ZUBAIR VS Respondent: The COMMISSIONER, LAHORE DIVISION, LAHORE AND Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, M. S. H. Qureshi Title:MUHAMMAD ZUBAIR vs The COMMISSIONER, LAHORE DIVISION, LAHORE AND
Other Case No.: Civil Petition No. 841 of 1982 Writ Petition No. 4695/3 Date of Judgment:1983-01-30 Reported As: 1983SCMR781 Result: Leave granted Judgment ORDER NASIM HASAN SHAH, J.-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.