GOVERNMENT OF THE PUNJAB through Secretary Social Welfare Women
This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal filed by the Government of the Punjab against a judgment of the Punjab Service Tribunal. The core legal questions involve whether the Service Tribunal was required to consider the effect of the rejection of the respondent's departmental representation, whether passing a departmental examination under the relevant rules was mandatory for promotion to BS-17 despite a prior circular letter, and whether respondents were entitled to a hearing before the annulment of a departmental examination. Granting leave to appeal, the Supreme Court held that arguable points of law were raised regarding the Tribunal's treatment of the departmental representation, promotion rules, circular letters, and the annulment of examinations. Consequently, the Court granted leave to appeal and suspended the operation of the impugned judgment of the Punjab Service Tribunal pending the hearing of the main appeals.
- Whether the Punjab Service Tribunal was required to consider the effect of rejection of the representation of the respondent by the Secretary to the Government of Punjab?
- Whether the respondents were required to pass the departmental promotion examination under the Rules in order to qualify for further promotion to BS-17 notwithstanding the circular letter dated 5-10-1975?
- Whether the respondents were entitled to be afforded an opportunity of hearing before annulment of the entire departmental examination?
ORDER
1. ' FAQIR MUHAMMAD KHOKHAR, J.--- After hearing the learned Assistant Advocate-General, Punjab, we grant leave to appeal to consider inter alia:--- (1)Whether the Punjab Service Tribunal was required to consider the effect of rejection of the representation of the respondent by the Secretary to the Government of Punjab, Social Welfare and Baitul Mal Department?
(2) Whether the respondents were required to pass the departmental promotion examination under the Rules in order to qualify for further promotion to (BS-17) notwithstanding the circular letter dated 5-10-1975 issued by the Service and General Administration and Information Department, Government of the Punjab?
(3) Whether the respondents were entitled to be afforded an opportunity of hearing before annulment of the entire departmental examination and whether the Service Tribunal had justifiably directed the petitioners to announce the result of the examination which had already been cancelled?
2. ' Since short points are involved the office is directed to fix the main appeals, on the present record, for hearing within a period of four months. Meanwhile, subject to notice and all just exceptions, the operation of the impugned judgment, dated 14-1-2008 passed by the Punjab Service Tribunal shall remain suspended.