Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Civil service---Regularization of service---Contention of the petitioners was that they were entitled to be regularized from the date of their appointments in terms of Sindh Employees Social Security Institution Service Regulations, 1987---Petitioners were appointed as Resident Medical Officers by the Sindh Employees Social Security Institution on contract basis for maximum period of three years---While the petitioners' contractual employment was continuing, they moved constitutional petitions in which they prayed that their services with the department be declared as on regular basis---Said petitions were accepted and they were regularized---Very question of petitioners' regularization according to regulations having already been considered and decided, successive constitutional petition on the same cause of action and for the same relief, would not be maintainable as the principle of constructive res judicata would apply and petition would be barred under the law. Fateh Muhammad v. Muhammad Ali PLD 1975 Lah. 692; Messrs Sartaj Industries Ltd. v. The Chief Settlement Commissioner and others 1989 SCMR 2053 and Fazal Din and 14 others v. The Custodian Evacuee Property, Lahore and 21 others PLD 1971 SC 779 ref. Zamir Ghumro for Petitioners. Jawad Sarwana for Respondents. Adnan Karim, A.A.-G, Sindh. ORDER GULZAR AHMED, J.--- Through this petition, the petitioner has made the following prayer:--- (i) Declare that the act of respondents in regularizing the services of the petitioners under SESSI Revised Regulation 2006, instead of SESSI revised regulation 1987 as well as Sindh Act No.V of 2003, is illegal, unlawful, unconstitutional, ultra vires, mala fide, arbitrary without lawful authority and in violation of principle of natural justice, equity and fairness. (ii) Direct the' respondents to issue orders for regularization of the service of the petitioners since their date of appointment/joining in accordance with SESSI Revised Regulation, 1987, as well as Sindh Act, No.V of 2003. (iii) Grant any others relief(s) which this honourable court may deem appropriate and proper in the circumstances of…

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