Law: Khyber Pakhtunkhwa Employees (Regularization of Services) Act, (XVI of 2009)

Section: 2(b),3

Law: Qanun-e-Shahadat (10 of 1984)

Section: 114

(a) Khyber Pakhtunkhwa Employees (Regularization of Services) Act (XVI of 2009)--- ----Ss.2(b), 3---Qanun-e-Shahadat (10 of 1984), Art. 114---Pension---Project employee---No right to pension---On one hand, the appellant was pleading that he was a permanent employee and was requesting the grant of pensionary benefits, but on the contrary, in the earlier round of litigation up to the Supreme Court, he himself pleaded that some other project employees were regularized by the employer-Board, and therefore he should also be regularized in service, which was sufficient to divulge by his own conduct that he was not a regular employee but performing his duties as project employee---Status of the appellant as a project employee had already been examined and set at rest in the earlier round of litigation up to the level of the Supreme Court---In the case in hand, besides the doctrine of estoppel, the doctrine of election and doctrine of qui approbat non reprobat (one who approbates cannot reprobate) were also applicable---Even under the doctrine of past and closed transaction, the present controversy could not be reopened by the Supreme Court in the second round of litigation which on the face of it was an abuse of process of the Court---Appeal was dismissed. (b) Civil Procedure Code (V of 1908)--- ----S. 11---Res-judicata, doctrine of---Scope---Said doctrine lays down the principle that the controversy flanked by the parties should come to an end and the of the Court should attain finality with sacrosanctity and imperativeness which is necessary to avoid opening the floodgates of litigation---Once a attains finality between the parties it cannot be reopened unless some fraud, mistake or lack of jurisdiction is pleaded and established---Foremost rationale of the doctrine of res judicata is to uphold the administration of justice and to prevent abuse of process with regard to the litigation and it also nips in the bud the multiplicity of proceedings on the same cause of action. Anwar-ul-Haq, Advocate Supreme Court (via video link at Peshawar) and Syed Rifaqat Hussain Shah, Advocate-on-Record for Appellant. JUDGMENT MUHAMMAD ALI MAZHAR, J.---This Civil Appeal with the…

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