SCMR 1986

1986 PLP 1372 (SCMR)

Miss MUSTABSHERA SUFI — Petitioner Versus PROVINCE OF PUNJAB — Respondent

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Special Leave to Appeal No. 1110 of 1979, decided on 26th March, 1986.
Honorable Judges
Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ
Case Reference Summary (AEO Optimized)
Citation 1986 PLP 1372 (SCMR)
Forum / Court High Court
Bench Members Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ
Parties Miss MUSTABSHERA SUFI — Petitioner Versus PROVINCE OF PUNJAB — Respondent
Primary Law Constitution of Pakistan (1973)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1986 PLP 1372 (SCMR)?

This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1986 PLP 1372 (SCMR)?

The case was heard and decided by the High Court bench comprising: Aslam Riaz Hussain and Muhammad Afzal Zullah, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1986 PLP 1372 (SCMR) (Miss MUSTABSHERA SUFI — Petitioner Versus PROVINCE OF PUNJAB — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Constitution of Pakistan (1973)

Representation

  • Mian Saeedur Rehman Farrukh, Advocate Supreme Court with Sh. Salahuddin, Advocate-on-Record for Petitioner.
  • Khalil Ramdey, Additional Advocate-General with Mian Nusratullah, Advocate Supreme Court for Respondent.
  • Date of hearing: 26th March, 1986.
  • Mian Saeedur Rehman Farrukh, Advocate Supreme Court with Sh. Salahuddin, Advocate‑on‑Record for Petitioner.
  • Khalil Ramdey, Additional Advocate‑General with Mian Nusratullah, Advocate Supreme Court for Respondent.
  • 3. We having heard the learned counsel for the petitioner as also the learned Additional Advocate‑General consider it a fit case for grant of leave to appeal to examine, inter alia, whether despite the formal dismissal of petitioner's appeal she was not allowed the relief of being appointed as Headmistress. If so, whether the respondents could deny her claim on the ground that the Tribunal's order in this behalf was not based on sound reasoning. It may be noted here that the respondents have not so far challenged the order of the Tribunal. Order accordingly.

Headnotes / Summary

(Against the judgment of the Punjab Administrative Tribunal, Lahore dated 22-10-1979, passed in Service Appeal No. 756/846).

Art. 212(3)--Civil service--Petitioner's appeal dismissed by Service Tribunal but for all practical purposes was allowed relief of being appointed as Headmistress

Authorities concerned not posting petitioner as such--Leave to appeal granted to examine inter alia whether despite formal dismissal of petitioners appeal, she could be allowed relief of being appointed as Headmistress and if so whether respondent could deny her claim on ground that Tribunal's order in that behalf was not based on sound reasoning especially when respondent had not challenged order of Tribunal.

Judgment & Decree

MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought from judgment dated 25‑10‑1979 of the Punjab Administrative Tribunal whereby although the petitioner appeal was formally dismissed but for all practical purposes she was allowed the relief of being appointed as Headmistress of a School in Lahore.

2. Learned counsel contends that notwithstanding the Tribunal's directions the authorities concerned have not posted the petitioner as Headmistress.

3. We having heard the learned counsel for the petitioner as also the learned Additional Advocate‑General consider it a fit case for grant of leave to appeal to examine, inter alia, whether despite the formal dismissal of petitioner's appeal she was not allowed the relief of being appointed as Headmistress. If so, whether the respondents could deny her claim on the ground that the Tribunal's order in this behalf was not based on sound reasoning. It may be noted here that the respondents have not so far challenged the order of the Tribunal. Order accordingly. M.Y.H. Leave granted.