Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Punjab Civil Servants Act, 1974 

Section: 10(3)

(a) Civil service--- ----Where a Tribunal or Court decided a point of law relating to terms and conditions of service of civil servants which governed not only those who litigated but also those who had not resorted to any legal proceedings, then irrespective of this they (non-litigating civil servants) too became entitled to the same benefit. Hameed Akhtar Niazi v. Secretary Establishment Division, Government of Pakistan 1996 SCMR 1185 ref. (b) Civil Procedure Code (V of 1908)--- ----S. 11---Constructive res-judicata---Where an omnibus order was passed and a party to a case accepted a decision passed against it, then it could not subsequently take advantage of the fact that such decision upon challenge by some other party before a higher forum stood reversed and ask for the same relief to be granted to him also---Such bar was based on the principle of constructive res judicata. Pir Bukhsh v. Chairman Allotment Committee PLD 1987 SC 145 ref. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, J.--- Through this judgment we propose to dispose of the above-titled civil appeals as in both the cases common questions of facts and law are involved. 2. On 20.06.1996 the respondents were appointed as sub-engineers on ad-hoc basis for a period of one year. Before expiry of one year period their services along with certain other ad-hoc employees, who were appointed as sub-engineers, highway inspectors, junior clerks, truck driver, fitter, store keeper, tube-well operator and chowkidar were terminated through an omnibus order dated 30.09.1996. They challenged their termination and succeeded in getting injunctive order until their one year tenure as ad-hoc employees expired on 18.6.1997. The present respondents accepted this legal position and went home upon expiry of one year period. 3. After a period of 14 years of their termination from service, the respondents filed writ petitions in the Lahore High Court seeking reinstatement back in service on the basis of a decision of this Court delivered on 18.1.2010 in Civil Appeals Nos. 568/2006 and other connected appeals. In the said connected appeals, certain employees, who were appointed on work-charge basis had sought reinstatement…

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