| Citation(s) |
|---|
| 2006 SLG 1571 2006 SLD 1571 2006 PLC 11 |
Lahore High Court
Writ Petition No. 1538 of 2005, decision dated: 2-11-2005.
SYED ZAHID HUSSAIN, J
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Writ Petition No. 1538 of 2005, decision dated: 2-11-2005.
SYED ZAHID HUSSAIN, J
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INAMULHAQ SHAH and 3 others
VS
GOVERNMENT OF THE PUNJAB through Secretary Technical Education and Vocational Training Authority and 2 others INAMULHAQ SHAH and 3 others vs GOVERNMENT OF THE PUNJAB through Secretary Technical Education and Vocational
Law:
Section:
Civil service------Terms of service---When Tribunal or Court decides a point of law relating to the terms of service of a civil servant that covers not only the case of the civil servant who litigated, but also of other civil servants, who may have not taken any legal proceedings; the dictates of justice and rule of good governance demand that the benefit of such of the Tribunal or Court be extended to other civil servants, who may not be parties to the said litigation, instead of compelling them to approach the Tribunal or any other legal forum---All persons falling within the same category or non-appearing party, can be extended the benefit in order, to do complete justice---Where civil servants, though had indeed been party in the writ petition yet while riling Intra-court appeal against the , were not impleaded as respondents, the in writ petition (by the Single Judge) qua them had attained finality and governed the situation---Petitioners, in circumstances were entitled to relief. Tara Chand and others v. Karachi Water and Sewerage Board, Karachi and others 2005 SCMR 499; Khawaja Abdul Hameed Nasir and others v. National Bank of Pakistan and others 2003 SCMR 1030; Hakim Muhammad Nabi Khan and 2 others v. Warasatullah through Legal Representatives 1987 SCMR 1698 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 Petitioners. Ch. Aamer Rehman, A.-A.G. Punjab for Respondent. Date of hearing: 2nd November, 2005. JUDGMENT SYED ZAHID HUSSAIN, J.---The petitioners had applied for the posts advertised for recruitment respectively. According to them the merit list was prepared and displayed, however, they were not issued the appointment letters due to a ban imposed on recruitments dated 22-2-1997, The said ban was assailed by some similarly situated persons through various writ petitions. In W.P. No.6592/97 the main judgment was delivered by a learned Single Judge of this Court who accepted the same on 29-4-1999. The petitioners herein though were not initially parties but were impleaded as party to the same Intra-Court Appeal No.584 of 1999 filed against the said…
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