Mst. NAHEED AKRAM vs PROVINCE OF THE PUNJAB Through Secretary, Education, Government Of The Punjab, Lahore And 2 Others
This matter concerns a petition for leave to appeal against the judgment of the Punjab Service Tribunal, which had set aside the transfer and posting orders of two competing candidates for the position of Senior Headmistress at Government Girls High School 122/JB, District Faisalabad. The dispute arose when the respondent, Mst. Khalida Syed, was initially posted to the school on 3-6-1996, but this order was subsequently cancelled on 9-7-1996, while the petitioner, Mst. Naheed Akram, had been posted to the same position on 15-5-1996. The Punjab Service Tribunal accepted the respondent's appeal, setting aside the orders of 15-5-1996 and 9-7-1996, thereby allowing the respondent to continue in the post. Upon hearing the petitioner, the Supreme Court of Pakistan granted leave to appeal to examine the validity of the withdrawal of the respondent's posting order, whether the cancellation was motivated by extraneous considerations, and whether the specific post in question requires an officer of BPS-18 or above. The Court suspended the operation of the impugned judgment pending the final hearing of the appeal.
- Was there legal justification for the withdrawal of the transfer order posting the respondent to the school?
- Was the cancellation of the transfer order motivated by extraneous considerations?
- Does the post of Senior Headmistress in Government Girls High School 122/JB require an officer of BPS-18 or above?
ORDER
1. 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. 122/JB. Hence this petition for leave to appeal.
2. After hearing Chaudhry Atta Ullah, learned counsel for the petitioner, we are inclined to grant leave to appeal.
3. 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. .
4. 2) Whether cancellation of said order was on account of extraneous consideration.
5. 3) Whether the post of Senior Headmistress in Government Girls High School 122/JB is given to an officer of BP-18 and above.
6. Meanwhile, the operation of the impugned judgment is suspended, The appeal may be fixed for hearing at an early date.