| Citation(s) |
|---|
| 1999 SLG 704 1999 SLD 704 1999 SCMR 912 |
Supreme Court of Pakistan
Civil Petitions Nos.355, 356 and 385 to 388 of 1984, decision dated: 7-10-1998
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
AJMAL MIAN, C.J., MUNAWAR AHMED MIRZA AND CH. MUHAMMAD ARIF, JJ
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Mst. RIAZ ANJUM and others
VS
Mrs. S. MAQBOOL and others
Law:
Section:
(On appeal from the 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). 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 nationalized 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 rule laid down by Supreme Court in Abdul Rashid Qayyum and others v. Government of Punjab and others (Civil Appeals Nos.396 to 41C 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. Abdur 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 Petitioner (in C.Ps. Nos. 355 and 356 of 1984). Sh. Altaf Elahi, Addl. A.-G., Punjab for Petitioner (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, 425/396/470/395 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, were 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 Nationalized Cadre, so that the aforesaid Nationalized 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…
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