Case Details

Citation(s)
2011 SLG 1716 2011 SLD 1716 2011 PLC 685
Sindh High Court
Constitutional Petition No. D-1095 of 2009, decision dated: 24-12-2010.
SHAHID ANWAR BAJWA AND TUFAIL H. IBRAHIM, JJ

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201 P L C (C.S.) 685 INAMUL HAQ and 2 others

VS

GOVERNMENT OF SINDH, through Secretary to Government of Sindh and 5 others INAMUL HAQ and 2 others vs GOVERNMENT OF SINDH, through Secretary to Government of Sindh and 5 others

Law:

Section:

Constitution of Pakistan-------Art. 199---Constitutional petition---Res judicate, principle of--Applicability---Selection for training of employees, cancellation of---Petitioners were employees of revenue department who were selected for training of Tapedars but their selection was cancelled on the basis of orders passed earlier to their selection---Contention of petitioners was that authorities should recall orders issued by Provincial Government and Principal, Training College, and they be allowed to continue their training of Tapedars Course---Validity---Letters in question were not in existence when earlier petition was dismissed for laches---Earlier petition was not dismissed on merits but on the ground of (aches, therefore, order passed in earlier petition did not operate as res judicata---As -new lease of life was given to the claim of petitioners by orders in question thus petition was not barred by res judicata and lathes-High Court directed the authorities to allow petitioners to complete training course in accordance with the order whereby they were selected for training---Petition was allowed in circumstances. Riaz Ahmed and 2 others v. Province of Sindh through Secretary, Government of Sindh, Board of Revenue at Hyderabad and 3 others, 2010 PLC (C.S.) 894; Hameed Akhtar Niazi v. The Secretary, Establishment Division, Government of Pakistan and others 1996 SCMR 1185 and Pir Bakhsh represented by his legal heirs and others v. Chairman Allotment Committee and others PLD 1987 SC 145 ref. Chairman, Selection Committee/Principal, King Edward Medical College, Lahore and 2 others v. Wasif Zamir Ahmad and another, 1997 SCMR 15 and Chief Secretary, Government of Sindh and another v. Sher Muhammad Makhdoom and 2 others PLD 1991 SC 973 rel. Muhammad Nawaz Shaikh for Petitioners. Adnan Karim, Asstt. A.-G. for Respondents. Date of hearing: 7th December, 2010. JUDGMENT SHAHID ANWAR BAJWA, J.--- With the consent of the learned counsel this constitution petition was finally heard at Katcha Peshi stage and is being decided accordingly. In 1997 petitioners were selected for training of Tapedars Course at Tapedar's Training College Hyderabad. However, no order was…
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