| Citation(s) |
|---|
| 1999 SLG 873 1999 SLD 873 1999 PLC 325 |
Supreme Court of Pakistan
Civil Petitions Nos. 355, 356 and 385 to 388 of 1984, decision dated: 7-10-1998. (On appeal from the judgment dated 2-2-1984 passed by the Punjab Service Tribunal, Lahore in Appeals Nos. 230/310, 452/396, 470/395 and 530/389 of 1983).
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
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Civil Petitions Nos. 355, 356 and 385 to 388 of 1984, decision dated: 7-10-1998. (On appeal from the judgment dated 2-2-1984 passed by the Punjab Service Tribunal, Lahore in Appeals Nos. 230/310, 452/396, 470/395 and 530/389 of 1983).
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
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Mst. RIAZ ANJUM, HEADMISTRESS and another
VS
Mrs. S. MAQBOOL and others
Law:
Section:
Civil service-------Appointment---Service Tribunal had found that Education Department should not transfer any further member of general cadre and post them against vacancies available in nationalised cadre against relevant Rules and civil servants should be posted as Headmasters/Headmistresses in accordance with their seniority in pursuance of Governor's specific order which was still in field---Validity---Held; following the order laid down by Supreme Court in Abdur Rashid Qayyum and others v. Government of Punjab etc. (Civil Appeals Nos. 396 to 410 of 1993), it would be open to Government to consider civil servants for appointment as Headmasters or Headmistresses or equivalent posts if Government found them suitable for the same. Abdul Rashid Qayyum and others v. Government of Punjab and others Civil Appeals Nos. 396 to 400 of 1993 fol. Raja Muhammad Anwar, Senior Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners (in C.Ps.Nos.355 and 356 of 1984). Sh. Altaf Elahi, Additional Advocate-General, Punjab for Petitioners (in C.Ps. Nos. 385 to 388 of 1984). Nemo for Respondents Date of hearing: 7th October, 1998 ORDER AJMAL MIAN, C.J.---By this common order we intend to dispose of above six petitions which are directed against common judgment dated 2-2-1984 passed by Punjab Service Tribunal, Lahore, in Cases Nos.230/310, 452/396/470/395 and 530/389 of 1983 filed by the private respondents disposing of the same in the following terms:-- "12. In view of the detailed discussions made by us of the entire situation of this case, we are of the confirmed view that the impugned orders are liable to be set aside and we are under legal obligation to give directions to the respondents/Education Department, not to transfer any further member of the General Cadre and post them against the vacancies so available in the Nationalised Cadre, so that the aforesaid-Nationalised Rules are not violated. 13. The result is we accept the appeals, set aside the impugned orders and direct that the appellants as well as other Members of the category should be posted as Headmaster/Headmistress in accordance with their seniority in pursuance of the…
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