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Petitioner: SECRETARY EDUCATION, GOVERNMENT OF PUNJAB and others VS Respondent: Syeda ZIL- E-SUBHANI JEHAN ARA BEGUM
Court Name: Supreme Court of Pakistan Judge(s): Falak Sher, Khalil-ur-Rehman Ramday, Chaudhry Ijaz Ahmed Title:SECRETARY EDUCATION, GOVERNMENT OF PUNJAB and others vs Syeda ZIL-
E-SUBHANI JEHAN ARA BEGUM Case No.: Civil Petition No,878-L of 2002 Date of Judgment:2005-11-24 Reported As: 2007 PLC (C.S.) 382 Result: Order accordingly Judgment ORDER ' KHALIL-UR-REHMAN RAMDAY, J.--- Since the learned Tribunal had not examined the question of entitlement of the respondent to the grant of advance increments in the light of the rules/policies governing the subject and had allowed the respondent's appeal only on the ground that the competent authority had granted the said increments to three others who were similarly placed as the respondent, and since it was admitted before us that advance increments had been illegally allowed to the said three subject specialists and because an illegality committed by someone could be no precedent for a judicial forum to commit a similar illegality, therefore, the learned counsel for the parties agreed that the matter be remanded to the learned Tribunal to consider the matter afresh and then to determine whether the respondent was entitled to the advance increments in question in terms of the relevant rules/policies. 2. In this view of the matter, this petition is converted into an appeal which is allowed as a result whereof the impugned judgment is set aside and the matter is remanded to the learned Tribunal for afresh decision of the same in the light of what has been noticed above. 3. If the learned Tribunal finds that the respondent was not entitled to the grant of the said increments, thee the Education Secretary is directed to bring the others similarly placed, at par with the respondent.