Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 9---Civil Procedure Code (V of 1908), O.II, R.2---Constitution of Pakistan (1973), Art.212(3)---Promotion---Relief, omitting of---Effect---Raising of new plea---Petitioner was aggrieved of promotion of respondent and filed appeal before Service Tribunal which appeal was dismissed---Validity---Question of promotion was a matter of determination by relevant authorities/forum/Board on the basis of eligibility of aspirants---Supreme Court abstained from expressing an opinion on suitability of any of the contending parties---Eligibility of respondent for promotion was not subject-matter of petitioner's appeal before Service Tribunal, therefore, the same could not be a subject of ad by Supreme Court---Having forsaken her challenge to promotion of respondent and thus his qualification and seniority thereof, the petitioner was precluded from challenging promotion of respondent because criterion for eligibility to both BS-18 and 19 was the same---Petitioner in her appeal omitted to sue respondent on the ground of his purported lack of qualification/eligibility to promotion wherefore she was debarred from suing respondent on the basis of omitted claim under the provisions of O.II, R.2, C.P.C.---Indolence of petitioner and purported unawareness of comparative qualification of respondent did not constitute sufficient ground for earning condonation of delay from Service Tribunal whose exercise of discretion against petitioner was unexceptionable---Leave to appeal was refused. Hafiz S.A. Rehman, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner. Shah Khawar, D.A.-G. with Abid Hussain Channa, S.O. for Respondent No.1. Shoaib Shaheen, Advocate Supreme Court for Respondent No.2. Fawad Saleh, Advocate Supreme Court for Respondent No.3. Date of hearing: 28th September, 2009. JUDGMENT MUHAMMAD SAIR ALI, J.--- Petitioner Dr. Pakiza Raza Hyder seeks leave to appeal under Article 212(3)`of the Constitution of Islamic Republic of Pakistan, 1973 against judgment dated 6-1-2009 of the Federal Service Tribunal, Islamabad dismissing the petitioner's Appeal No.911 (R)(C.S.) of 2007. Petitioner's appeal was…

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