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Civil Petition for Special Leave to Appeal No. 1110 of 1979, decided on 26th March, 1986.
(Against the judgment of the Punjab Administrative Tribunal, Lahore dated 22‑10‑1979, passed in Service Appeal No. 756/846).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 212(3)‑‑Civil service‑‑Petitioner's appeal dismissed by Service Tribunal but for all practical purposes was allowed relief of being appointed as Headmistress‑‑‑ Authorities concerned not posting petitioner as such‑‑Leave to appeal granted to examine inter alia whether despite formal dismissal of petitioners appeal, she could be allowed relief of being appointed as Headmistress and if so whether respondent could deny her claim on ground that Tribunal's order in that behalf was not based on sound reasoning especially when respondent had not challenged order of Tribunal.
Mian Saeedur Rehman Farrukh, Advocate Supreme Court with Sh. Salahuddin, Advocate‑on‑Record for Petitioner.
Khalil Ramdey, Additional Advocate‑General with Mian Nusratullah, Advocate Supreme Court for Respondent.
Date of hearing: 26th March, 1986.
Leave to appeal has been sought from judgment dated 25‑10‑1979 of the Punjab Administrative Tribunal whereby although the petitioner appeal was formally dismissed but for all practical purposes she was allowed the relief of being appointed as Headmistress of a School in Lahore.
2. Learned counsel contends that notwithstanding the Tribunal's directions the authorities concerned have not posted the petitioner as Headmistress.
3. We having heard the learned counsel for the petitioner as also the learned Additional Advocate‑General consider it a fit case for grant of leave to appeal to examine, inter alia, whether despite the formal dismissal of petitioner's appeal she was not allowed the relief of being appointed as Headmistress. If so, whether the respondents could deny her claim on the ground that the Tribunal's order in this behalf was not based on sound reasoning. It may be noted here that the respondents have not so far challenged the order of the Tribunal. Order accordingly.
M.Y.H. Leave granted.
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