Ms. SALMA MOOSAJEE Versus FEDERATION OF PAKISTAN
This matter arises out of two petitions challenging a common judgment of the High Court of Sindh dated 16-4-2009. The core legal question for consideration is whether the claim of the petitioners on merits was rightly rejected despite the effective applicability of a notification dated 9-8-2002 from 1-7-2002, during the period the petitioners were admittedly in the employment of the respondents. The Supreme Court of Pakistan granted leave to appeal to examine this question, noting a limitation issue subject to examination at the hearing of the appeals in one of the petitions. 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?
- Whether the grant of leave in Constitution Petition No.581-K of 2009 is subject to limitation to be examined at the time of hearing of the appeals?
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.
4. H.B.T./N-17/SC Leave granted.