1998 PLP 222 (SCMR)
Present: Ajmal Mian and Mukhtar Ahmad Junejo, JJ Mst. NAHEED AKRAM‑‑‑Petitioner Versus PROVINCE OF THE PUNJAB through Secretary, Education, Government of the Punjab, Lahore and 2 others‑‑‑Respondents
| Citation | 1998 PLP 222 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ajmal Mian and Mukhtar Ahmad Junejo, JJ Mst. NAHEED AKRAM‑‑‑Petitioner |
| Parties | Present: Ajmal Mian and Mukhtar Ahmad Junejo, JJ Mst. NAHEED AKRAM‑‑‑Petitioner Versus PROVINCE OF THE PUNJAB through Secretary, Education, Government of the Punjab, Lahore and 2 others‑‑‑Respondents |
| Primary Law | Punjab Civil Servants Act (VIII of 1974)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 222 (SCMR)?
This judgment primarily cites: Punjab Civil Servants Act (VIII of 1974)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 222 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ajmal Mian and Mukhtar Ahmad Junejo, JJ Mst. NAHEED AKRAM‑‑‑Petitioner.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 222 (SCMR) (Present: Ajmal Mian and Mukhtar Ahmad Junejo, JJ Mst. NAHEED AKRAM‑‑‑Petitioner Versus PROVINCE OF THE PUNJAB through Secretary, Education, Government of the Punjab, Lahore and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Atta Ullah, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate‑on‑Record (absent) for Petitioner.
- Nemo for Respondents.
- Date of hearing: 25th January, 1997
- Ch. Atta Ullah, Advocate Supreme Court and S. Abul Aasim Jafri, Advocate-on-Record (absent) for Petitioner.
Headnotes / Summary
(On appeal from the judgment dated 22‑12‑1996 of the Punjab Service Tribunal, Lahore in Appeal No.812 of 1996). ‑‑‑‑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 B.P.‑18 and above.
Judgment & Decree
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. 1225B. 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.