Law: Constitution of Pakistan, 1973

Section: 199s

Constitution of Pakistan, 1973-- ----Art. 199s were employees of Peshawar Public School--Entitlement for employees for free of cost education for their children--Beneficial facility--Non-statutory rules--Maintainability--Principle of res-judicata--Constitutional jurisdiction fiscal matter--Some of present petitioners had earlier filed writ petitions with same grievance and request, have already been decided rather dismissed by this Court hence, this petition is hit by principle of res judicata. This Court cannot come to rescue of petitioners as issue purely relates to fiscal matter and due to some financial constraint, relief, so asked, was not extended to petitioners by respondents and certainly we would not like to pass any order through this petition which is practically not executable--Petition was dismissed. JUDGMENT Qaiser Rashid Khan, JUSTICE.- The petitioners, through the instant writ petition, have asked for the issuance of an appropriate writ declaring the intimation letter dated 19.02.2020 of Respondents No. 3 pursuant to 36th Meeting of the Board of Governors dated 18.11.2019 to be nullity in the eye of law and of no legal effect whereby the facility of free of cost education to the children of the employees of the respondents’ school has been abolished/stopped and also for directions to the respondents to continue the said facility to them in light of the 6th and 19th meetings of the Board of Governors held on 07.06.1981 and 02.12.2000 respectively being their legitimate right. 2. In brief, the grievance of the petitioners, as per the averments of the petition, is that they being the employees of the Peshawar Public Schools for Boys and Girls are entitled free of cost education to their children pursuant to the decisions of the 6th and 19th meetings of the Board of Governors held on 07.06.1981 and 02.12.2000 respectively and as such they cannot be deprived of the same facility pursuant to the impugned intimation letter dated 19.02.2020. 3. The gist of the arguments of the learned counsel for the petitioners is that a beneficial facility, so granted/extended earlier to the employees of the respondents’ school for decades cannot be refused or for…

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