Law:

Section:

Constitution of Pakistan (1973)--Arts. 199 & 185(3)---Civil service---Constitutional petition under Art. 199 of the Constitution was filed by petitioner asserting that she being eligible, was appointed as temporary primary school teacher and pursuant to such appointment, she submitted joining report and attended her duties till the date of filing of Constitutional petition but the school authorities had failed to pay her emoluments---Authorities repudiated the claim of civil servant and specially pleaded that the order pertaining to her appointment was invalid, therefore, same was withdrawn same day---Effect---Held, alleged assumption of charge by the civil servant was categorically disputed and serious controversy on factual aspects existed which could not be conveniently resolved by exercising jurisdiction under Art.199 of the . Constitution---Parties did not have, the opportunity of leading evidence to produce rebuttal for substantiating their respective stands and in peculiar circumstances, it was not possible to arrive at definite finding in view of glaring controversial pleas and rigidly conflicting stands taken by the parties---Judgment of High Court, allowing relief to the civil servant without determining fate or legal consequences arising from withdrawn/rescission of appointment of civil servant, in circumstances, suffered from inherent defects and apparent legal infirmity which was set aside by Supreme Court. Altaf Elahi Sheikh, Additional Advocate-General, Punjab for Appellants. M. Munir Peracha, Advocate Supreme Court with C.M. Latif, Advocate-on-Record for Respondent. Date of hearing: 19th March, 1998. JUDGMENT MUNAWAR AHMAD MIRZA, J.---This appeal is directed against the judgment, dated 13th December, 1995 passed by Lahore High Court in Writ Petition No. 1800 of 1994. Relevant facts briefly mentioned are that respondent Mst. Mussarat Afza on 12th February, 1994 filed Constitutional Petition No.1800 of 1994 asserting that she being eligible was appointed as temporary primary school teacher in B.P.S.-7 vide Letter No.215-20, dated 4th February, 1993 and posted at Government Girls Primary School, 373/G.B (Khaldi), Sammundri, District Faisalabad.…

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