Miss MUSTABSHERA SUFI vs PROVINCE OF PUNJAB
The petitioner sought leave to appeal from a judgment of the Punjab Administrative Tribunal, which had formally dismissed her appeal but practically granted her the relief of being appointed as a Headmistress of a school in Lahore. The petitioner contended that despite the Tribunal's directions, the relevant authorities failed to post her to the position. The Supreme Court of Pakistan considered the matter and granted leave to appeal to examine whether, despite the formal dismissal of the appeal, the petitioner was allowed the relief of appointment and whether the respondents could deny her claim on the ground that the Tribunal's order lacked sound reasoning, especially since the respondents had not challenged the Tribunal's order. The Court thus admitted the petition for regular hearing to resolve these questions of administrative law and enforcement of tribunal directions.
- Can administrative authorities deny a petitioner the relief granted by an Administrative Tribunal on the ground that the Tribunal's order was not based on sound reasoning?
- Whether a respondent who has not challenged an Administrative Tribunal's order can refuse to implement the practical relief granted therein despite a formal dismissal of the appeal?
- Does the formal dismissal of an appeal by an Administrative Tribunal preclude the enforcement of specific relief practically granted to the appellant within the same order?
ORDER
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.