ZAFAR HUSSAIN vs SECRETARY TO THE GOVERNMENT OF PAKISTAN, MINISTRY
This matter concerns a petition for leave to appeal against a judgment of the Federal Service Tribunal, which had dismissed the petitioner's claim for the ante-dating of his move-over to BPS-19. The petitioner, having previously failed in litigation regarding the same move-over issue, sought to reopen the case based on a subsequent Supreme Court judgment, arguing that it established a fresh cause of action. The core legal question was whether a matter previously adjudicated and finalized by the Supreme Court could be reopened on the basis of a later judicial pronouncement. The Supreme Court held that the controversy had already been resolved against the petitioner in an earlier round of litigation and that the final judgment pronounced by the Court was binding and conclusive. Consequently, the Court refused leave to appeal, affirming that once a matter has been finally decided by the Supreme Court, it cannot be re-examined or reopened, regardless of subsequent legal developments, as the principle of finality of litigation must be maintained.
- Can a service matter previously adjudicated and finalized by the Supreme Court be reopened based on a subsequent Supreme Court judgment?
- Does a subsequent Supreme Court judgment create a fresh cause of action for a petitioner whose claim was already dismissed in a final judgment?
- Article 189, Constitution of Pakistan 1973
- Article 190, Constitution of Pakistan 1973
ABDUL QADEER CHAUDHRY, J: --The petitioner seeks leave to appeal against the judgment of Federal Service Tribunal, Islamabad, dated 11-11-1992.
2. The petitioner reached the maximum of BPS-18 on 1-12-1985. The petitioner's case was considered by the Move-over Committee in 1990. The Committee did not grant move-over to him in BPS-19 with effect from 1-12-1986 but granted it with effect from 1-12-1987. The petitioner's case is that he was entitled to move-over in BPS-19 with effect from 1-12-1987. He filed an appeal before the Service Tribunal after having failed to get any redress from the departmental authorities. The Service Tribunal on 20-3-1991 dismissed the appeal of the petitioner. The petitioner against the order of the Federal Service Tribunal filed petition for leave to appeal in this Court. His petition was dismissed and leave to appeal was refused on 3-7-1991. On the basis of judgment reported in PLD 1992 SC 147 (Pakistan Railways v. Muhammad Yousaf, U.D.C.) the petitioner again moved the Secretary, Establishment Division for ante-dating of move-over but his request was not entertained by the Division. He filed appeal before the Service Tribunal which was dismissed by the impugned judgment.
3. The petitioner has been heard in person. He has also submitted (Ajmal Mian, J) written arguments. The petitioner submitted that in accordance with the Article 189 of the Constitution a decision of the Supreme Court is binding on all other Courts in Pakistan and all executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court (Article 190). The petitioner has heavily relied upon the aforesaid judgment of this Court and submitted that a fresh cause had accrued to the petitioner as now the law has been finally settled. We see no force in his contention. The subject-matter of the present controversy has already been resolved against the petitioner in the earlier round of litigation. The judgment pronounced by this Court was final and case cannot be reopened again. The case of the appellant was considered by the move-over committee but he was not allowed move-over. According to his ACRs for the years 1982-1985 he was not considered fit for promotion. The move-over committee had evaluated the entire record before it. As the final judgment has been pronounced by this Court, the decided matter cannot be re--examined. This petition has no force and the same is dismissed and leave to appeal is refused.