' IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the order dated 9-2- 1998 passed by the Lahore High Court, multan Bench in Writ Petition No,5759 of 1997, whereby the case of the respondent for payment of suspension allowance was referred to the petitioner with the direction to decide the case expeditiously preferably within a period of three months.
2. Mr. M. Ilyas, learned counsel for the petitioner, vehemently argued that the respondent is not a Government servant and he is governed by the service rules framed by the Bank duly approved by the Registrar, Cooperatives, Punjab, Lahore. He further argued, that according to Rule No,22 under "Head may and Allowances" Clause (J) of the Banking Service Rules, 1986. The respondent is being paid 1/3rd of his Basic Pay plus full allowances as admissible to him. He further argued that the respondent being not a government servant, is not entitled to get allowance according to Government rules and Regulations. This aspect of the matter, it is contended vehemently, has been overlooked by the leaned Judge in Chambers while passing the impugned order.
3. It is not necessary to record any finding on the plea raised by the learned counsel for the petitioner. Suffice it to say that the petitioner is at liberty raise all the points including the pleas raised before us, before the President of Bank at the time of hearing, pursuant to the impugned order of the High court. We have no doubt in our mind that the pleas available to the petitioner under the law and raised by him before the President, shall be considered justly fairly and in accordance with law, after providing an adequate opportunity being head to the respondent.
4. When faced with this, Mr. M. Ilyas Khan, learned counsel for the petitioner, does not press the petition, which is disposed of accordingly.