Law:

Section:

Civil service-------Terms of service---Civil servant had filed constitutional petition before the High Court but had withdrawn the same voluntarily---Conduct of the civil servant showed his acquiescence and estopped him to agitate the matter as matters and transactions past and closed could not be reopened---Civil servant himself having abandoned his remedy and reconciled with the situation, could not seek reopening of the matter over again on the strength of a subsequent , which undoubtedly, operated prospectively---Distinction between persons not party to litigation and those having litigated the matter but subsequently having abandoned or withdrawn the same had to be kept in view---To the first category the principles stated by Supreme Court in Tara Chand case 2005 SCMR 499 would be attracted and benefit of the could be extended, however, the second category of persons could not take benefit due to their conduct i.e. acquiescence and estoppel. Tara Chand and others v. Karachi Water and Sewerage. Board, Karachi and others 2005 SCMR 499 and Pir Bakhsh represented by his legal heirs and others v. The Chairman, Allotment Committee and others PLD 1987 SC 145 ref. Sh. Masood Akhtar for Petitioner. Ch. Aamir Rehman, Addl. A.G. Punjab for Respondents. Date of hearing: 2nd November, 2005. JUDGMENT SYED ZAHID HUSSAIN, J.---It is the case of the petitioner that he had applied for the post of Junior Instructor (Commerce) pursuant to an advertisement published in the newspapers. According to him as per the merit list, which had been displayed he was entitled to be appointed but the appointment letter was not issued due to imposition of, ban on recruitments dated 22-2-1997. He filed W.P. No.14763 of 1997, which however was withdrawn by him After the judgment of the Hon'ble Supreme Court of Pakistan dated 20-4-2004 in C.A. No.493 of 2000 to C.A. No.498 of 2000 he approached the respondent/ department for relief but has been declined the same. 2. The learned counsel for the petitioner contends that he should be given the benefit of the judgment of the Hon'ble Supreme Court of Pakistan in view of Tara Chand and others v. Karachi Water and…

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