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Petitioner: Mst. NAHEED AKRAM VS Respondent: PROVINCE OF THE PUNJAB through Secretary, Education, Government of the Punjab, Lahore and 2 others
Court Name: Supreme Court of Pakistan Judge(s): Mukhtar Ahmed Junejo, Ajmal Mian Title:Mst. NAHEED AKRAM vs PROVINCE OF THE PUNJAB through Secretary,
Education, Government of the Punjab, Lahore and 2 others Case No.: Civil Petition No,38-L of 1997 Appeal No,812 of 1996 Date of Judgment:1997-01-25 Reported As: 1998 SCMR 222 Result: Leave granted Judgment ORDER ' MUKHTAR AHMAD JUNEJO, J.---Respondent No,3 Mst, Khalida Syed was working as Principal, Government Girls High School, Khurrianwala, District Faisalabad on 3-6-1996 when she was transferred and posted as Senior Headmistress, Government Girls High School 122/JB, District Faisalabad in place of a retiring Senior Headmistress. Said order dated 3-6-1996 was, however, cancelled on 9-7-1996 by the respondent No,1 . On 15-5-1996 respondent No,2 issued an order posting Mst. Naheed Akram, now petitioner, as Senior Headmistress in Government Girls High School 122/JB, District Faisalabad. Respondent No,3 made departmental representation on 6-6- 1996 resenting posting of the petitioner as Headmistress, Government Girls High School 122/JB, where she claimed to have joined in pursuance of the order dated 3-6-1996. Respondent No,3, thereafter, filed Appeal No,812/96 before the Punjab Service Tribunal. Said appeal was contested, but was accepted under the impugned order dated 22-12-1996. The Tribunal set aside the orders dated 15-5-1996 and 9-7-1996 passed by the respondents Nos.2 and 1 respectivply, while respondent No,3 was allowed to continue as Senior, Headmistress, Government Girls High School Chak No,122/JB. Hence this petition for leave to appeal. ' After hearing Chaudhry Atta Ullah, learned counsel for the petitioner, we are inclined to grant leave to appeal. Consequently, leave to appeal is granted to consider: (1) Whether there was justification for withdrawal of the order dated 3-6-1996 posting respondent No,3 as Senior Headmistress in Government Girls High School 122/JB. (2) Whether cancellation of said order was on account of extraneous consideration.
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(3) Whether the post of Senior Headmistress in Government Girls High School 122/JB is given to an officer of BP-18 and above. ' Meanwhile, the operation of the impugned judgment is suspended. The appeal may be fixed for hearing at an early date.