| Case ID |
03e0aebe-8583-4ec5-a1a9-f23d57615b3a |
| Body |
View case body. Login to View |
| Case Number |
Appeal No.985 of 2007 |
| Decision Date |
Nov 17, 2007 |
| Hearing Date |
|
| Decision |
The Service Tribunal ruled in favor of Mst. Baseerat Naz, determining that her appointment as Headmistress should be declared regular and pensionable with all back benefits. The Tribunal noted that the appellant had been discriminated against in her appointment compared to other civil servants in similar positions, as her rights under the law and the Constitution had not been upheld. The Tribunal directed the relevant department to amend the notification regarding her appointment accordingly. |
| Summary |
In this significant case adjudicated by the Service Tribunal of N.W.F.P., Mst. Baseerat Naz challenged the legality of her appointment as Headmistress under the North West Frontier Province Civil Servants Act. The case revolved around her previous service as a regular S.E.T. in the Education Department and the terms of her appointment following a public service commission advertisement. The Tribunal found that the appellant had a legitimate expectation of being treated equally under the law, aligning with the principles of equal protection guaranteed by the Constitution of Pakistan. The decision emphasized non-discrimination and affirmed the rights of civil servants, setting a precedent for future cases involving public service appointments. |
| Court |
Service Tribunal, N.W.F.P.
|
| Entities Involved |
Not available
|
| Judges |
DR. ABDUR RAUF,
SULTAN MAHMOOD KHATAK
|
| Lawyers |
Muhammad Asif Yousafzai,
Usman Ghani
|
| Petitioners |
Mst. BASEERAT NAZ
|
| Respondents |
4 others,
SECRETARY EDUCATION (S&L) N.-W.F.P.
|
| Citations |
2008 SLD 1305,
2008 PLC 780
|
| Other Citations |
2007 PLC (C.S.) 833
|
| Laws Involved |
North West Frontier Province Service Tribunals Act, (I of 1974),
North-West Frontier Province Civil Servants Act (XVIII of 1973)
|
| Sections |
4,
3,
5,
9
|