Law: Constitution of Pakistan, 1973

Section: 25

Law: Civil Procedure Code (V of 1908)

Section: 11

(a) Civil service--- ----Civil Procedure Code (V of 1908), S. 11---Appointment orders, restoration of---Res-judicata, principle of---Applicability Authority/employer (the Authority) in the present round of litigation, had once again raised the same points of facts and the law raised in an earlier round of litigation involving other similarly placed employees regarding nature of appointments and then dismissal from service of the respondent-employees---Earlier part of the litigation had come to an end and had attained finality between the parties---Questions in the earlier round of litigation once decided by the competent Court of law, could not be re-agitated again by the Authority---Such aspect/issue would act as res judicata against the Authority precluding it to question the order of appointments of respondents and then their dismissals---Pros and cons of the appointments and the dismissal orders of similarly placed employees were thoroughly considered by the High Court and then upheld by the Supreme Court in the earlier round of litigation; they had attained finality, and were not open to any further dilation and consideration---Appeals were dismissed. (b) Constitution of Pakistan--- ----Art. 25---Civil service---Appointment orders, restoration of---Relief of restoration of appointments orders granted to similarly and equally placed employees---Present employees/respondents were appointed on the same terms and conditions of service as that of similarly placed employees (earlier litigants) who had been given relief of restoration of their appointment orders by declaring the orders of their withdrawal/cancellation as null and void---Present respondents were hired and fired together in the same manner as earlier litigants and were standing on the same pedestal as them---Both sets of appointees could not be separated from each other with regard to their appointments and dismissal---Only difference between the two sets was that the earlier group/earlier litigants litigated for their rights and second group, i.e. the present respondents, did not go into litigation earlier and through present litigation sought the relief already given to the first group who…

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