Ch. RIAZ AHMAD vs PUNJAB TEXTBOOK BOARD, LAHORE and otherss
The petitioner, a former employee of the Punjab Textbook Board, challenged his 1979 removal from service through a series of legal proceedings, including a writ petition and an Intra-Court Appeal, which were ultimately dismissed. Despite previous finality, the petitioner filed a subsequent writ petition in 1999, arguing that other similarly situated employees had been re-employed and that he was denied a fair hearing during his departmental appeal. The Supreme Court addressed whether the matter could be re-agitated after the dismissal of the petitioner's earlier Civil Petition for Leave to Appeal. The Court held that the petitioner's removal from service had attained finality and that the principle of res judicata precluded him from re-agitating the same issue. Furthermore, the Court clarified that the precedent relied upon by the petitioner had been reversed by the Supreme Court in a prior ruling. Consequently, the petition was dismissed, affirming that a matter already adjudicated upon by the Supreme Court cannot be reopened based on the subsequent re-employment of other employees.
- Does the principle of res judicata prevent an employee from re-agitating a removal from service that has already been upheld by the Supreme Court?
- Can a petitioner reopen a service matter simply because other employees in similar circumstances were subsequently re-employed?
' FAQIR MUHAMMAD KHOKHAR, J.--- This petition is directed against the impugned judgment, dated 29-3-2000, passed by a learned Division Bench of the Lahore High Court, Lahore, in I.C.A. No,166 of 2000.
2. The petitioner, an ex-employee of the Punjab Textbook Board, Lahore, was removed from service on 19-6-1979. He challenged his removal from service by means of Writ Petition No,3782-S of 1979 and Intra-Court Appeal No,226 of 1979 which were dismissed by the Lahore High Court, Lahore. His Civil Petition for Leave to Appeal No,809 of 1979 was also dismissed by this Court. He filed another Writ Petition No,7260 of 1999 against the original order, dated 18-6-1979 of his removal from service on the grounds, inter alia, that, in the meantime, some other ex-employees had been re-employed by the respondent-Board despite their removal from service. The Lahore High Court, by judgment dated 18-2-2000 dismissed with costs the writ petition of the petitioner. Intra-Court Appeal No,166 of 2000 of the petitioner was also dismissed by the learned Division Bench of the Lahore High Court, by impugned judgment, dated 29-3-2000.
3. The petitioner submitted that his co-accused had been reemployed by the respondent-Board whereas he continued to have a stigma of removal from service. He further stated that he was not afforded any opportunity of hearing by the departmental authorities before the disposal of his departmental appeal. He relied on the case of Khondkar Ali Afzal v. Pakistan and another PLD 1959 (W.P.) Kar. 105 in support of his submissions.
4. We have heard the petitioner at length. We find that the matter of removal from service of the petitioner has already attained finality on account of dismissal of his C.P.S.L.A. No,809 of 1979 by this Court. The petitioner was precluded, by the principle of res judicata, from re-agitating the same matter by filing a writ petition only because some other officials of the Board had been re- employed. The learned Single Judge has observed that the petitioner was heard during the course of his departmental appeal. Reliance by the petitioner on the judgment of the erstwhile High Court of West Pakistan in the case of Khondkar Ali Afzal (supra) was in apt as the same had been set aside and reversed by this Court in appeal titled Pakistan through Secretary, National Assembly v.
Khondkar Ali Afzal and another PLD 1960 SC 1. No exception can be taken to the impugned judgment of the Lahore High Court, Lahore. We are not persuaded to interfere with the impugned judgment.
5. For the foregoing reasons, we do not find any merit in this petition and the same is dismissed accordingly.
Cited by 2 cases
- SHAHID PERVAIZ Versus EJAZ AHMAD 2017 SCMR 206
- Shahid Pervaiz and 23 others vs Ejaz Ahmad and 23 others 2016 SCP 118