Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Civil service--Termination from service---Judgment in rem---Applicability---Principle of laches---Petitioners did not assail passed by Service Tribunal but wanted to be reinstated on the basis of passed by Supreme Court in some other case---Validity---Question relating the termination of service of petitioner whether same was legal or illegal, was a mixed question of fact and law to be determined by competent forum which was determined by Service Tribunal and order of Service Tribunal had attained finality---Neither passed by Service Tribunal was called in question by petitioners nor they had challenged their termination order before Supreme Court---Judgment of Supreme Court relied upon by petitioners might not have the effect of setting aside the order of Service Tribunal automatically without challenging the same in accordance with prescribed procedure---Judgment relied upon by petitioners was passed by Supreme Court on 17-3-2004, whereas constitutional petition before High Court was filed by petitioners on 28-9-2006 without explaining laches on their part---Petition was dismissed in circumstances.    Pakistan State Oil Company Limited v. Muhammad Tahir Khan and others PLD 2001 SC 980; Tarachand v. Karachi Water and Sewerage Board 2005 PLC (C.S.) 368; Hameed Akhtar Niazis case 1996 SCMR 1185 and Chairman, Pakistan Railways v. Muhammad Latif 1984 SCMR 286 distinguished.   JUDGMENT MALIK MUHAMMAD AQIL AWAN, J.--- This petition involves identical questions of law as in C. P. No. D-1748 of 2006 which has been disposed of by us vide judgment dated 4-3-2009. The petitioner No.1 Mujahid Hussain Memon, was appointed/selected as Management Trainee in pursuance of Talent Pool Scheme with effect from 6-5-1996 under appointment order dated 3rd April, 1996 by respondent No.2, whereas petitioner No.2, Shah Muhammad Banglani was appointed/selected as Management Trainee in pursuance of the same scheme with effect from 4th September, 1995 under appointment order dated 8-8-1995 by respondent No.2. In clause-I of the appointment orders of both the petitioners, it is stated that,…

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