Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 199---Civil Procedure Code (V of 1908), S.11---Second Constitutional petition qua the same subject-matter and relief--­Maintainability---Principle of res judicata, applicability of--­Principles of Civil Procedure Code, 1908 being applicable in Constitutional proceedings, second Constitutional petition qua the same subject-matter and relief in view of S.11, C.P.C. was not maintainable. Hussain Bakhsh's case PLD 1970 SC 1 and Pir Bakhsh's case PLD 1987 SC 145 ref. (b) Constitution of Pakistan (1973)--- ----Art.199---Constitutional jurisdiction---Nature of---Constitutional remedy is discretionary in character---Petitioner having concealed material facts from High Court, its discretionary power could not be exercised in favour of petitioner. Abdul Rashid v. Pakistan and others 1969 SCMR 141 and Nawab Syed Raunaq Ali and others v. Chief Settlement Commissioner and others PLD 1973 SC 236 ,ref. Sheikh Munir Ahmad for petitioner. Malik Khizar Hayat Khan, Asstt. A.-G. (on Court's call). ORDER The petitioner has filed this writ petition with the following prayer:-- "It is, therefore, most respectfully prayed that the decisions of the Punjab Services Tribunal in Case No.473/852 of 1984 and Case No.485/888 of 1984 based upon rules framed by the Governor may kindly be got implemented in letter and spirit from the respondent and a direction be issued to the respondent to do the needful." 2. The learned counsel of the petitioner submits that two Sub­ Divisional Officers namely Muhammad Idrees and Riaz Ahmad filed appeal before the Service Tribunal wherein they claimed for separate share out of 20 % quota of reserved for Sub-Engineer for promotion. The respondents contested the appeal before the Service Tribunal and took a stand that there was no separate quota reserved for Civil and Mechanical Sub-Engineers separately and they would want to be promoted on the basis of one list. The aforesaid appeal was dismissed by the Service Tribunal and the stand of the department was accepted by the Service Tribunal. The respondents without any amendment in the relevant rules promoted Civil Sub-Engineers separately in violation of the stand…

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