Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O. XXIII, R. 1(3)--- Constitution of Pakistan, Art. 199---Constitutional petition before High Court withdrawn as not pressed---Subsequent suit on the same subject filed without permission of court---Whether petitioner should be non-suited for not obtaining permission of court to file fresh suit---Petitioner had filed Constitutional petition before the High Court which was "not pressed"---Few days later petitioner filed a suit before the High Court on the same subject matter, which was converted into a Constitutional petition by the court---Held, that petitioner should have been non-suited because O. XXIII, R. 1(3), C.P.C stipulated that where the plaintiff withdrew from a suit without being given permission to institute a fresh suit in respect of the same subject-matter or such part of claim, he would be precluded from doing so. (b) Civil service--- ----Permanent absorption of an officer of the Armed Forces into a Government department---Scope---Petitioner, who was a serving naval officer was seconded to Karachi Port Trust ("KPT") as its General Manager (Operations) for a period of three years---Petitioner retired from the Navy during his service in KPT---Whether permanent absorption of petitioner in KPT was permissible---Paragraph 2(a) of No.4/85 of the Joint Services Instructions and Serial No.214, Part V, Chapter 2 of Volume I of the Estacode stipulated that officers may be seconded to a government department for a period of up to three years and only in exceptional circumstances such period could be extended by another year---Paragraph 2(b) of No.4/85 of the Joint Services Instructions, which provided for permanent absorption was not a self-executing provision; as an incumbent had to seek his retirement from his parent service, which in the case of the petitioner was the Navy---Petitioner neither sought early retirement from the Navy nor had retired from the Navy before the due retirement date in order to be considered for permanent absorption in KPT---Since the petitioner did not seek his retirement from the Navy nor was prematurely retired therefrom the question of his permanent absorption in the civil cadre/KPT…

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