Law:

Section:

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)- ----S. 44---Civil Procedure Code (V of 1908), O.XXIII, R. 1 & O. II, R.2---Writ petition---Filing of second writ petition when previous such petition was pending on the same subject---Procedure---Civil service---Advertisement for the post of Tehsil Qazi---Ad hoc service, termination of--- Scope--- Acquiescence, principle of--- Applicability---Ad-hoc appointment could be terminated before completion of the period in case of returned candidates of Public Service Commission---Competent authority could terminate ad-hoc service without serving any notice at any time---Petitioners having accepted conditions of ad-hoc appointment, could not turn around from the conditions due to principle of acquiescence---Ad-hoc appointment did not create any right for regular service and appointee could be terminated at any time---First writ petition of the petitioners on the same facts and similar grounds was pending for adjudication---Petitioners should include the whole claim in their writ petition---Petitioners could withdraw first writ petition in case of formal defect or due to other sufficient grounds in the first writ petition subject to filing of fresh one---Petitioners, after appearing before the Public Service Commission, were placed at waiting merit list---All the grounds raised by the petitioners in subsequent writ petition were available to them at the time of filing of previous writ petition---Petitioners having relinquished various grounds in the earlier writ petition, subsequent writ petitions were barred---Withdrawal of earlier writ petition at belated stage could not cure the defect of subsequent writ petition which was filed without permission of Court---Petitioners were not entitled to discretionary relief who had suppressed facts and had not invoked writ jurisdiction with clean hands---High Court refused to allow withdrawal of previous writ petition at belated stage---Petitioners had committed misrepresentation and falsehood and they were not entitled for equitable relief of writ jurisdiction---Writ petitions were dismissed, in circumstances. Azad Government v. Haji Mir Muhammad Naseer and…

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