1999SCMR912 (PLP)
Mst. RIAZ ANJUM and others — Petitioners Versus Mrs. S. MAQBOOL and others — Respondents
| Citation | 1999SCMR912 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian, C.J., Munawar Ahmed Mirza and Ch. Muhammad Arif, JJ |
| Parties | Mst. RIAZ ANJUM and others — Petitioners Versus Mrs. S. MAQBOOL and others — Respondents |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 1999SCMR912 (PLP)?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR912 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian, C.J., Munawar Ahmed Mirza and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999SCMR912 (PLP) (Mst. RIAZ ANJUM and others — Petitioners Versus Mrs. S. MAQBOOL and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Raja Muhammad Anwar, Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioner (in C.Ps. Nos. 355 and 356 of 1984).
- Sh. Altaf Elahi, Addl. A.-G., Punjab for Petitioner (in C.Ps. Nos.385 to 388 of 1984).
- Nemo for Respondents.
- Date of hearing: 7th October, 1998.
- 3. Raja Muhammad Anwar, Senior Advocate Supreme Court, appeared in C.Ps. 355 and 356 of 1984 for the petitioners and Sh. Altaf Elahi, Additional Advocate-General, Punjab, appeared for the Government of Punjab. They invited our attention to an unreported judgment, dated 27-2-1994 passed by this Court in Civil Appeals Nos.396 to 400 of 1993 (Abdur Rashid Qayyum and others v. Government of Punjab and others), wherein a considered view, has been taken as under:--
- 4. Raja Muhammad Anwar, Senior Advocate Supreme Court, appearing in above two petitions submitted that in view of the above unreported judgment of this Court, the observations contained in the above-quoted portion of the Tribunal's judgment are no longer effective and, thus, the above petitions are disposed of in the terms of above judgment of this Court.
Headnotes / Summary
(On appeal from the judgment dated 2-2-1984 passed by the Punjab Service Tribunal, Lahore in Appeals Nos.230/310, 452/396, 470/395 and 530/389 of 1983).
Service Tribunal had found that Education Department should not transfer any further member of general cadre and post them against vacancies available in nationalized cadre against relevant Rules and civil servants should be posted as Headmasters/Headmistresses in accordance with their seniority in pursuance of Governor's specific order which was still in field
Validity-- Held, following the rule laid down by Supreme Court in Abdul Rashid Qayyum and others v. Government of Punjab and others (Civil Appeals Nos.396 to 41C of 1993), it would be open to Government to consider civil servants for appointment as Headmasters or Headmistresses or equivalent posts if Government found them suitable for the same. Abdur Rashid Qayyum and others v. Government of Punjab and others Civil Appeals Nos.396 to 400 of 1993 fol.
Judgment & Decree
AJMAL MIAN, C.J.
By this common order we intend to dispose of above six petitions which are directed against common judgment, dated 2-2-1984 passed by Punjab Service Tribunal, Lahore, in Cases Nos.230/310, 425/396/470/395 and 530/389 of 1983 filed by the private respondents disposing of the same in the following terms:--
12. In view of the detailed discussions made by us of the entire situation of this case, were are of the confirmed view that the impugned orders are liable to be set aside and we are under legal obligation to give directions to the respondents/Education Department, not to transfer any further member of the General Cadre and post them against the vacancies so available in the Nationalized Cadre, so that the aforesaid Nationalized Rules are not violated.
13. The result is we accept the appeals, set aside the impugned orders and direct that the appellants as well as other Members of the category should be posted as Headmaster/Headmistress in accordance with their seniority in pursuance of the Governor's order, dated 23-6-1977, which is still in the field. There will be no orders as to costs. Judgment be communicated to the parties."
2. Two above petitions have been filed by private persons whereas other tour petitions have been filed by the Provincial Government of Punjab.
3. Raja Muhammad Anwar, Senior Advocate Supreme Court, appeared in C.Ps. 355 and 356 of 1984 for the petitioners and Sh. Altaf Elahi, Additional Advocate-General, Punjab, appeared for the Government of Punjab. They invited our attention to an unreported judgment, dated 27-2-1994 passed by this Court in Civil Appeals Nos.396 to 400 of 1993 (Abdur Rashid Qayyum and others v. Government of Punjab and others), wherein a considered view, has been taken as under:-- "As stated earlier, the posts of headmasters and headmistresses are in grade-17. It is contended on behalf of the appellants that as they were in the same grade as was enjoyed by the headmasters and headmistresses they were entitled to be appointed to the said posts and if they were so appointed it would not be a case of the promotion but one of transfer from one equivalent post to another. This seems to be correct but then as already stated no civil servant can lay a claim to any particular post. It will however be open to the Government to consider the appellants for appointment as headmasters or headmistresses or equivalent posts if it finds them suitable for the same."
4. Raja Muhammad Anwar, Senior Advocate Supreme Court, appearing in above two petitions submitted that in view of the above unreported judgment of this Court, the observations contained in the above-quoted portion of the Tribunal's judgment are no longer effective and, thus, the above petitions are disposed of in the terms of above judgment of this Court. H.B.T./R-34/S Order accordingly.