CH. RIAZ AHMAD vs PUNJAB TEXTBOOK BOARD, LAHORE and others
This matter arises from a petition filed against the judgment of the Lahore High Court dismissing the petitioner's intra-court appeal, which had challenged the dismissal of his writ petition concerning his removal from service. The core legal question was whether an ex-employee whose removal from service had attained finality up to the Supreme Court could re-agitate the matter through a fresh constitutional petition on the ground that other removed employees were subsequently re-employed. The Supreme Court held that the matter of the petitioner's removal had attained finality and he was precluded by the principle of res judicata from re-agitating it, while noting that his reliance on an earlier precedent was inapt as that judgment had been reversed on appeal. The petition was accordingly dismissed.
- Whether an employee whose removal from service has attained finality up to the Supreme Court can challenge the same removal order through a subsequent writ petition?
- Does the re-employment of other similarly removed employees furnish a fresh cause of action to challenge a past removal order barred by res judicata?
' 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. 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,226/1979 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 judg.Ment dated 29-3-2000.
3. The petitioner submitted that his co-accused had been re- employed by the respondent-Board whereas he continued to have a tigma 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.) Karachi 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 inapt 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 (PM 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