Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--- ---S. 4---Civil Procedure Code (V of 1908), S. 11---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Promotion---Res judicata--­Grievance of civil servant already decided by Service Tribunal to the satisfaction of civil servant and same was also implemented in terms by Departmental Authority---Civil servant was estopped to challenge promotion of respondents over again before the High Court when same matter had earlier been agitated before Service Tribunal and decided in civil servant's favour viz. that his case be also considered for promotion---Civil servant's case was considered in pursuance of order of Service Tribunal but he was not recommended for promotion---Civil servant's Constitutional petition to challenge promotion of respondents was thus, barred by the provision of res judicata. S.H.M. Rizvi and 5 others v. Maqsood Ahmad and 6 others PLD 1981 SC 612; IA. Sherwani and others v. Government of Pakistan through Secretary, Finance Division, Islamabad and others 1991 SCMR 1041; Munawar Khan v. Niaz Muhammad and 7 others 1993 SCMR 1287; Muhammad Akhtar v. Government of Pakistan through Secretary of Ministry of Interior, Islamabad and another 1992 PLC (C.S.) 1203; Pakistan through Secretary, Ministry of Commerce and 2 others v. Salahuddin and 3 others PLD 1991 SC 546; Mrs. Saeeda Bukhari v. Secretary, Ministry of Education, Government of the Punjab, Lahore and another PLD 1988 Lah. 553; Abdul Bari v. Government of Pakistan and 2 others PLD 1981 Kar. 290; Dr. Habibur Rehman v. The West Pakistan Public Service Commission, Lahore and 4 others PLD 1973 SC 144; Mian Abdul Malik v. Dr. Sabir Zameer Siddiqui and 4 others 1991 SCMR 1129; Pir Sabir Shah v. Federation of Pakistan and others PLD 1994 SC 738; Muhammad Hashim Khan and others v. Province of Balochistan and others PLD 1976 Quetta 59; Abdul Wahab Khan v. Government of the Punjab and 3 others PLD 1989 SC 508; Syed Badurd-ud­ Din and 10 others v. Government of N: W.F.P. through Agriculture Forest and Cooperative, Peshawar and 11 others PLD 1994 SC 345 and Muhammad Aboo Abdullah v. Province of East Pakistan PLD 1960 SC 164 ref. (b)…

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