Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Law Reforms Ordinance, 1972

Section: 3

Constitution of Pakistan, 1973-- ----Art. 212(3)--Employment as executive vice president--Issuance of voluntary separation scheme--Respondent was applied under this scheme--Disciplinary proceedings--Guilty of committing irregularities and gross negligence--Recommendations of inquiry committee--Imposing of penalty--VSS benefits would not be paid to respondent but adjusted against loss sustained by institution--Filling of writ petition--Allowed Judgment was not challenged by both parties--Payment was received by respondents under protest--Leave to appeal--Allowed--Challenge to--What we understand is that pursuant to penalty imposed upon respondent, he filed Writ Petition No.2702 of 2006 in which only relief granted to him, out of prayers made by him, was that of VSS benefit be paid to him and no other prayer, contained in said writ petition, was allowed by High Court--Respondent neither sought review of said nor challenged same before this Court rather itself was accepted by him and payment made to him under such was received by him 'under protest'--Receiving of benefit 'under protest' was of no consequence for that respondent admits that such payment settled his dues of VSS but remaining dues, as was prayed by him in Writ Petition No.2202 of 2006, were not granted to him--VSS benefits having been paid to him, which were only relief allowed by High Court and same having been accepted by respondent, he cannot claim that full relief has not been granted to him by appellant--Further, principle of res judicata with all its force will apply to case of respondent for that his second writ petition against appellant will not be maintainable for granting him relief, which was not allowed to him by High Court earlier for that law assumes that such relief stood specifically denied to him by High Court while passing dated 28.10.2011--Appeal was allowed. Law Reforms Ordinance, 1972 (XII of 1972)-- ----S. 3--Availability of remedy of I.C.A. Competency of appeal--We are of view that where proceedings from which writ petition has arisen provided for either review, revision or appeal, in terms of proviso to Section 3 of Ordinance of 1972, remedy of ICA will not be available…

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