GOVERNMENT OF THE PUNJAB through Secretary Social Welfare Women
This matter concerns 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 erred in failing to consider the legal effect of the rejection of the respondents' representation by the Secretary of the Social Welfare and Baitul Mal Department. Furthermore, the Court is tasked with determining whether the respondents were mandatorily required to pass a departmental promotion examination to qualify for promotion to BS-17, notwithstanding a prior circular letter issued by the Services and General Administration and Information Department. Additionally, the Court must decide whether the respondents were entitled to a hearing prior to the annulment of the departmental examination and whether the Service Tribunal possessed the authority to direct the petitioners to announce the results of an examination that had already been cancelled. The Supreme Court granted leave to appeal to address these issues and suspended the operation of the impugned judgment of the Punjab Service Tribunal pending the final hearing of the appeals.
- Whether the Punjab Service Tribunal was required to consider the effect of the rejection of the respondents' representation by the Secretary?
- Are employees required to pass a departmental promotion examination to qualify for promotion to BS-17 despite a prior circular letter?
- Are respondents entitled to a hearing before the annulment of a departmental examination?
- Can a Service Tribunal direct the announcement of results for an examination that has already been cancelled?
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 Services 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.