| Citation(s) |
|---|
| 2003 SLG 1013 2003 SLD 1013 2003 PLC 983 |
Supreme Court of Pakistan
Civil Petitions Nos. 118 and 119 of 2002, decision dated: 18-09-2002. (On appeal from the judgment of the Federal Service Tribunal, Islamabad, dated 19-11-2001 passed in Appeals Nos.447(P)/SC/2001 and 448(P)/SC/2001).
MUNIR A. SHEIKH, IFTIKHAR MUHAMMAD CHAUDHRY AND FAQIR MUHAMMAD KHOKHAR, JJ
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Civil Petitions Nos. 118 and 119 of 2002, decision dated: 18-09-2002. (On appeal from the judgment of the Federal Service Tribunal, Islamabad, dated 19-11-2001 passed in Appeals Nos.447(P)/SC/2001 and 448(P)/SC/2001).
MUNIR A. SHEIKH, IFTIKHAR MUHAMMAD CHAUDHRY AND FAQIR MUHAMMAD KHOKHAR, JJ
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WAPDA
VS
Miss AMIRA NASREEN and another
Law:
Section:
North-West Frontier Province Service Tribunals Act (I of 1974)---------S.4---Constitution of Pakistan (1973), Art.212(3)---Transfer of civil servant---Jurisdiction of Service Tribunal---Female lady teachers were transferred from their home station to a distant station---One of the teachers was unmarried, while husband of the other was employed at the station from where she was transferred---On posts against which the teachers were working the Authorities wanted to recruit two teachers on contract basis--Service Tribunal having come to the conclusion that the transfer was. not in public interest. allowed the appeals and transfer orders were set aside---Plea raised by the Authorities was that transfer was their prerogative, therefore, appeals before Service Tribunal were not maintainable---Validity---Service Tribunal had rightly found that the transfer, was not in public interest--Supreme Court under Art.212(3) of the Constitution could grant leave against of Service Tribunal---No question of law of public importance within the contemplation of Art.212(3) of the Constitution was involved---Leave to appeal was refused. Sh. Zamir Hussain, Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Petitioner (in both Petitions). Date of hearing: 18th September, 2002 JUDGMENT MUNIR A. SHEIKH, J.---By this common judgment, we propose to decide Civil Petitions Nos. 118 and 119 of 2002 as questions of law and facts are identical in both of them. 2. The respondents in both these petitions are female teachers who were posted at Peshawar from where Miss Amira Nasreen, respondent in Civil Petition No. 118 of 2002 was transferred to Tarbella Dam whereas Mrs. Farah Akhtar, respondent in Civil Petition No. 119 of 2002 to…
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