Ms. SALMA MOOSAJEE and another vs FEDERATION OF PAKISTAN and others
These two petitions arose from a common judgment of the High Court of Sindh dated 16-4-2009. The Supreme Court of Pakistan granted leave to appeal to examine whether the petitioners' claims on merit were rightly rejected by the High Court, despite the effective applicability of the Notification dated 9-8-2002 from 1-7-2002, a period during which the petitioners were admittedly under the employment of the respondents. The grant of leave in one of the petitions (Constitution Petition No. 581-K of 2009) was made subject to the question of limitation, which the Court directed to be examined and decided at the time of the final hearing of the appeals. The Court further directed the preparation of appeal paper books on the basis of the available record and allowed the parties to file additional documents within two months.
- Whether a notification dated 9-8-2002 with retrospective effect from 1-7-2002 applies to employees who were in service during that period?
- Can leave to appeal be granted subject to the question of limitation to be decided at the final hearing?
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 has 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.