Ms. Salma Moosajee vs (in both petitions) Federation of Pakistan and others C.P.L.A. Nos. 505-K and 581-K of 2009, decided on 4th December, 2009
This matter arises from petitions filed against the common judgment of the High Court of Sindh dated 16.4.2009 regarding the rejection of the petitioners' claims. The core legal question is whether the claim of the petitioners on merits has been rightly rejected, notwithstanding the effective applicability of the Notification dated 9.8.2002 from 1.7.2002, given that the petitioners were admittedly under the employment of the respondents at the relevant time. The Supreme Court of Pakistan granted leave to examine this question, while noting that the grant of leave in Constitution Petition No. 581-K of 2009 is subject to limitation to be examined at the time of the hearing of the appeals. The court directed the preparation of paper books based on the available record and granted liberty to the parties to file additional documents within two months.
- Whether the claim of the petitioners on merit has been rightly rejected despite the effective applicability of the Notification dated 9.8.2002 from 1.7.2002?
ORDER
1. ANWAR ZAHEER JAMALI, J. In these two petitions , arising out of common judgment of the High Court of Sindh dated 16.4.2009, leave is granted to examine whether the claim of the two petitioners on merit bas been rightly rejected, despite effective applicability of the Notification dated 9.8.2002 from 1..7.2002, when admittedly the petitioners were under the employment of respondents.
2. Grant of leave in Constitution Petition No. 581-K of 2009 is, however, subject to limitation, which will be examined and decided at the time of hearing of these appeals.
3. Appeal, paper books may be prepared on the basis of available record. Parties are, however, at liberty to file additional documents, if any, within two months. .