Mst. NAHEED AKRAM vs PROVINCE OF THE PUNJAB through Secretary, Education, Government of the Punjab, Lahore and 2 others
This matter arises from a petition for leave to appeal against an order 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 originated when Respondent No. 3 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 Service Tribunal accepted the appeal of Respondent No. 3, setting aside the orders of the authorities and allowing her to continue in the post. Upon hearing the petitioner, the Supreme Court granted leave to appeal to examine the validity of the withdrawal of the transfer order, whether the cancellation was influenced by extraneous considerations, and the specific grade requirements for the post in question. Pending the final adjudication of the appeal, the Court suspended the operation of the impugned judgment of the Service Tribunal.
- Whether the withdrawal of a transfer and posting order is justified when it affects a competing candidate?
- Whether the cancellation of a government posting order was motivated by extraneous considerations?
- Whether the post of Senior Headmistress in Government Girls High School 122/JB is reserved for an officer of BPS-18 and 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 respectivply, 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.
(2) Whether cancellation of said order was on account of extraneous consideration.
(3) Whether the post of Senior Headmistress in Government Girls High School 122/JB is given to an officer of BP-18 and above.
4. ' Meanwhile, the operation of the impugned judgment is suspended. The appeal may be fixed for hearing at an early date.