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K.L.R. 2004 S.C. 104

Mst. Rukhsana Kausar, PTC Teacher, Government Girls Middle School

CitationK.L.R. 2004 S.C. 104
CourtSupreme Court of Pakistan
Judge(s)Javaid Iqbal, Karamat Nazir Bhandari
ResultPetition Dismissed

KARAMAT NAZIR BHANDARI, J- The petitioner has approached this Court for grant of leave to appeal against the judgment of the Punjab Service Tribunal, Lahore (hereinafter to be referred to as "the Tribunal") dated 21.11.2002 passed in her Appeal No. 1322 of 2002.

2. It is asserted by learned counsel for the petitioner that she is a PTC teacher and was awarded regular grade with effect from 15.5.1989. Vide order, dated 8.11.1999 the petitioner was awarded selection grade (BS-10) with effect. From. 27.12.1995. Vide order dated 7.2.2002 the selection grade was withdrawn and the amount received by the petitioner was directed to be recovered from her.

Aggrieved against the withdrawal, the petitioner filed a departmental appeal. As the same was not decided within ninety days the petitioner approached the Tribunal.

3. It is contended by learned counsel that' the withdrawal of, selection grade is violative of the principle of locus Poenitentiae in as much as the petitioner alongwith number of other teachers were enjoying selection grade. The Tribunal has found that as a matter of fact the petitioner was not senior enough to qualify for the selection grade, It has also found that in the circumstances the petitioner had managed to obtain the selection grade by bringing extraneous influence. We asked the learned counsel to justify the grant of selection grad. He has not been able to satisfy us on this score. The finding and conclusion of the learned Tribunal has therefore, to be uphold. If the grant of selection grade was illegal, there was no bar to its withdrawal. The Tribunal has already set aside the departmental order of recovery. We feel that in the circumstances of the case, this direction cannot be said to be improper.

4. No ground for our interference has been shown to exist. Resultantly, this petition is hereby dismissed and leave is refused.

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