Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: NAHEED AKRAM VS Respondent: PROVINCE OF THE PUNJAB
1997 P L C (C
1997 P L C (C.S.) 1217
[Supreme Court of Pakistan]
Present: Ajmal Mian and Mukhtar Ahmad Junejo, JJ
Mst. NAHEED AKRAM
versus
PROVINCE OF THE PUNJAB through Secretary, Education, Government of the Punjab, Lahore and 2 others
Civil Petition No. 38‑L of 1997, decided on 25th January, 1997
(On appeal from the judgment dated 22‑12‑1996 of the Punjab Service Tribunal, Lahore in Appeal No. 812/96).
Punjab Civil Servants Act (VIII of 1974)‑‑‑‑
‑‑‑‑S.9‑‑‑Constitution of Pakistan . (1973), Art. 185(3)‑‑‑Transfer‑‑ Withdrawal. of earlier transfer, order‑‑‑Civil servant's appeal before Service Tribunal was accepted and she was allowed to continue on the post from where she was transferred‑‑‑Validity‑‑‑Leave to ,appeal was granted to consider; whether, there was justification for withdrawal of order of specified date; whether cancellation of said order was on account of extraneous consideration and whether post on which respondent civil servant was appointed was given to officer of BP‑18 and above.
Ch. Atta Ullah, Advocate Supreme Court and S. Abut Aasim Jafri Advocate‑on‑Record (absent) for Petitioner.
Nemo for Respondents,
Date of hearing: 25th January, 1997
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 respectively, 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.
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.
A.A./N‑487/S Leave granted