Full Judgment Text & Judicial Ruling

2008 P L C (C

2008 P L C (C.S.) 606

[Punjab Service Tribunal]

Before Justice (Retd.) Rustam Ali Malik, Chairman

Dr. NAVEEDA TUFAIL

Versus

GOVERNMENT OF THE PUNJAB through Secretary, Education and another

Appeals Nos.370 to 424, 440 to 505, 575 to 602, 655 to 656 and 923 to 928 of 2007, decided on 18th June, 2007.

Punjab Civil Servants Act (VIII of 1974)---

----Ss. 4, 5 & 6---Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, R.22---Punjab Service Tribunals Act (IX of 1974), S.4---Ad-hoc appointment---Regularization of ad-hoc appointment---Termination of service---Appeal to Service Tribunal---Appellants joined service as Ad-hoc Lecturers in different years (most of them joined service in the year, 1996), but their services were terminated in the year 2001---Finally Supreme Court, vide its judgment, directed the department to initiate process of regularization of appellants through Public Service Commission and it was clarified that the cases would be sent separately to the Public Service Commission and would not be tagged with the direct recruits---Department, as a result of said judgment of the Supreme Court, referred the matter to the Punjab Public Service Commission for determination of the eligibility/suitability of appellants and for regularization of their ad-hoc employment---Public Service Commission, after assessment of eligibility of appellants, recommended for their regularization---Department, however, issued fresh letters of appointment of appellants, instead of regularization of their service from the date of their appointment---Departmental appeals filed by appellants against said orders of department were rejected---Validity---Appellants, however, contended that they would be satisfied, if the intervening period (between the date of their termination of service and the date of the regularization of service) was treated as leave without pay---Service Tribunal directed that department would take necessary steps urgently for bringing the intervening gap period (between 'the date of termination of services of the appellants and the date of regularization of their services through Public Service Commission), and in that respect department would request competent Authority for grant of ex post facto extension in the ad hoc period of appointment of appellants till the date of regularization of their services though Public Service Commission and to consider the said gap period as leave without pay.

Dr. Naveeda Tufail and 72 others v. Government of Punjab and others 2003 SCMR 291 ref.

Mian Jaffer Hussain for Appellants (in Service Appeals Nos.370. to 424, 440 to 505, 575 to 602 and 655 to 656 of 2007).

Malik Masud-ul-Qasim Awan for Appellants (in Service Appeals Nos.923 to 928 of 2007).

M. Aslam Warraich, O.S.D. (Law), Education Department, Departmental Representative for Respondents.

Date of hearing: 18th June, 2007.

JUDGMENT

JUSTICE (RETD.) RUSTAM ALI MALIK (CHAIRMAN).---This judgment will dispose of the following connected appeals which involve the same questions of fact and of law:--

(1) Dr. Naveeda Tufail v. Secretary, Education, Punjab and others (Service Appeal No.370 of 2007).

(2) Jehanzeb Khan v. Secretary, Education, Punjab and others (Service Appeal No.371 of 2007).

(3) Nadir Ali v. Secretary, Education, Punjab and others (Service Appeal No.372 of 2007).

(4) Muhammad Aftab v. Secretary, Education, Punjab and others (Service Appeal No.373 of 2007).

(5) Muhammad Bukhsh v. Secretary, Education, Punjab and others (Service Appeal No.374 of 2007). .

(6) Liaqat Hussain Abbasi v. Secretary, Education, Punjab and others (Service Appeal No.375 of 2007).

(7) Shabana Parveen v. Secretary, Education, Punjab and others (Service Appeal No.376 of 2007).

(8) Naimat Ullah v. Secretary, Education, Punjab and others (Service Appeal No.377 of 2007).

(9) Suhail Ahmad Chaudhry v. Secretary, Education, Punjab and others (Service Appeal No.378 of 2007).

(10) Raja Khalid Manzoor v. Secretary, Education, Punjab and others (Service Appeal No.379 of 2007).

(11) Nawab Khan v. Secretary, Education, Punjab and others (Service Appeal No.380 of 2007).

(12) Afrasiab v. Secretary, Education, Punjab and others (Service Appeal No.381 of 2007).

(13) Rehana Shahab v. Secretary, Education, Punjab and others (Service Appeal No.382 of 2007).

(14) Munaza Zafar v. Secretary, Education, Punjab and others (Service Appeal No.383 of 2007).

(15) Safia Bibi v. Secretary, Education, Punjab and others (Service Appeal No.384 of 2007).

(16) Syed Mehmood Ureed v. Secretary, Education, Punjab and others (Service Appeal No.385 of 2007).

(17) Naveeda Liaqat v. Secretary, Education, Punjab and others (Service Appeal No.386 of 2007).

(18) Muhammad Anwar v. Secretary, Education, Punjab and others (Service Appeal No.387 of 2007).

(19) Muhammad Nadeem v. Secretary, Education, Punjab and others (Service Appeal No.388 of 2007).

(20) Hafiz Muhammad Bashir v. Secretary, Education, Punjab and others (Service Appeal No.389 of 2007).

(21) Nazar Hussain v. Secretary, Education, Punjab and others (Service Appeal No.390 of 2007).

(22) Syed Israr Hussain v. Secretary, Education, Punjab and others (Service Appeal No.391 of 2007).

(23) Shafqat Jabeen v. Secretary, Education, Punjab and others (Service Appeal No.392 of 2007).

(24) Muhammad Siddiq v. Secretary,' Education, Punjab and others (Service Appeal No. 393 of 2007).

(25) Nusrat Parveen v. Secretary, Education, Punjab and others (Service Appeal No.394 of 2007).

(26) Muhammad Iqbal v. Secretary, Education, Punjab and others (Service Appeal No.395 of 2007).

(27) Hafiz Muhammad Saeed v. Secretary, Education, Punjab and others (Service Appeal No.396 of 2007).

(28) Abdul Wahid v. Secretary, Education, Punjab and others (Service Appeal No.397 of 2007).

(29) Arshad Mehmood v. Secretary, Education, Punjab and others (Service Appeal No.398 of 2007).

(30) Sarfraz Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.399 of 2007).

(31) Noor Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.400 of 2007).

(32) Najma Jabeen v. Secretary, Education, Punjab and others (Service Appeal No.401 of 2007).

(33) Sajida Fatima v. Secretary, Education, Punjab and others (Service Appeal No.402 of 2007).

(34) Muhammad Tariq Mehmood v. Secretary, Education, Punjab and others (Service Appeal No.403 of 2007).

(35) Muhammad Zulfiqar v. Secretary, Education, Punjab and others (Service Appeal No.404 of 2007).

(36) Mehmood Akhtar Jamil v. Secretary, Education, Punjab and others (Service Appeal No.405 of 2007).

(37) Abdul Rauf v. Secretary, Education, Punjab and others (Service Appeal No.406 of 2007).

(38) Muhammad Tayyab v. Secretary, Education, Punjab and others (Service Appeal No.407 of 2007).

(39) Shahid Pervaiz v. Secretary, Education, Punjab and others (Service Appeal No.408 of 2007).

(40) Naz Tasneem v. Secretary, Education, Punjab and others (Service Appeal No.409 of 2007).

(41) Shahid Qayyum v. Secretary, Education, Punjab and others (Service Appeal No.410 of 2007).

(42) Muhammad Nadeem Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.411 of 2007).

(43) Muhammad Javed v. Secretary, Education, Punjab and others (Service Appeal No.412 of 2007).

(44) Sajida Fatima v. Secretary, Education, Punjab and others (Service Appeal No.413 of 2007).

(45) Khalid Javed v. Secretary, Education, Punjab and others (Service Appeal No.414 of 2007).

(46) Amjad Hussain Gondal v. Secretary, Education, Punjab and others (Service Appeal No.415 of 2007).

(47) Saif Ullah Khalid v. Secretary, Education, Punjab and others (Service Appeal No.416 of 2007).

(48) Sajjad Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.417 of 2007).

(49) Raja Nisar Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.418 of 2007).

(50) Muhammad Amjad Malik v. Secretary, Education, Punjab and others (Service Appeal No.419 of 2007).

(51) Malik Tariq Saleem v. Secretary, Education, Punjab and others (Service Appeal No.420 of 2007).

(52) Saeed Ahmad Chawla v. Secretary, Education, Punjab and others (Service Appeal No.421 of 2007).

(53) Kausar Muslim v. Secretary, Education, Punjab and others (Service Appeal No.422 of 2007).

(54) Farzana Maqbool v. Secretary, Education, Punjab and others (Service Appeal No.423 of 2007).

(55) Shabbir Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.424 of 2007).

(56) Muhammad Naeem Khan v. Secretary, Education, Punjab and others (Service Appeal No.440 of 2007).

(57) Kaukab Iqbal v. Secretary, Education, Punjab and others (Service Appeal No.441 of 2007).

(58) Tasnim Kasuar v. Secretary, Education, Punjab and others (Service Appeal No.442 of 2007).

(59) Sajjad Hussain v. Secretary, Education, Punjab and others (Service Appeal No.443 of 2007).

(60) Muhammad Akmal Khan v. Secretary, Education, Punjab and others (Service Appeal No.444 of 2007).

(61) Shaista Tabassum v. Secretary, Education, Punjab and others (Service Appeal No.445 of 2007).

(62) Khaliq Dad v. Secretary, Education, Punjab and others (Service Appeal No.446 of 2007).

(63) Munir Hussain v. Secretary, Education, Punjab and others (Service Appeal No.447 of 2007).

(64) Tahira Bano v. Secretary, Education, Punjab and others (Service Appeal No.448 of 2007).

(65) Shazia Noreen v. Secretary, Education, Punjab and others (Service Appeal No.449 of 2007).

(66) Shehnaz Anjum v. Secretary, Education, Punjab and others (Service Appeal No.450 of 2007).

(67) Malika Rizwana v. Secretary, Education, Punjab and others (Service Appeal No.451 of 2007).

(68) Miss Tasnim Ibrahim v. Secretary, Education, Punjab and others (Service Appeal No.452 of 2007).

(69) Shahida Parveen v. Secretary, Education, Punjab and others (Service Appeal No.453 of 2007).

(70) Rukhsana Qamar v. Secretary, Education, Punjab and others (Service Appeal No.454 of 2007).

(71) Shafique Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.455 of 2007).

(72) Saadia Alam v. Secretary, Education, Punjab and others (Service Appeal No.456 of 2007).

(73) Arshad Hussain Shah v. Secretary, Education, Punjab and others (Service Appeal No.457 of 2007).

(74) Umtul Waheed v. Secretary, Education, Punjab and others (Service Appeal No.458 of 2007).

(75) Mubarika Tanvir v. Secretary, Education, Punjab and others (Service Appeal No.459 of 2007).

(76) Ambreen Rehmat v. Secretary, Education, Punjab and others (Service Appeal No.460 of 2007).

(77) Tahira Nasim v. Secretary, Education, Punjab and others (Service Appeal No.461 of 2007).

(78) Faqeer Muhammad v. Secretary, Education, Punjab and others (Service Appeal No.462 of 2007).

(79) Ahmar Rauf v. Secretary, Education, Punjab and others (Service Appeal No.463 of 2007).

(80) Nabila Ahmad v. Secretary, Education, Punjab and Others (Service Appeal No.464 of 2007).

(81) Muhammad Alam v. Secretary, Education, Punjab and others (Service Appeal No.465 of 2007).

(82) Zubaida Tabassum v. Secretary, Education, Punjab and others (Service Appeal No.466 of 2007).

(83) Tallat Nasim v. Secretary, Education, Punjab and others (Service Appeal No.467 of 2007).

(84) Naeema Akhtar v. Secretary, Education, Punjab and others (Service Appeal No.468 of 2007).

(85) Ayaz Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.469 of 2007).

(86) Hamida Naqvi v. Secretary, Education, Punjab and others (Service Appeal No.470 of 2007).

(87) Saadia Naz v. Secretary, Education, Punjab and others (Service Appeal No.471 of 2007).

(88) Shahnila Iram v. Secretary, Education, Punjab and others (Service Appeal No.472 of 2007).

(89) Anjum Jabeen v. Secretary, Education, Punjab and others (Service Appeal No.473 of 2007).

(90) Rubina Ashfaq v. Secretary; Education, Punjab and others (Service Appeal No.474 of 2007).

(91) Ijaz Hussain v. Secretary, Education, Punjab and others (Service Appeal No.475 of 2007).

(92) Sajida Parveen v. Secretary, Education, Punjab and others (Service Appeal No.476 of 2007).

(93) Muhammad Ashraf v. Secretary, Education, Punjab and others (Service Appeal No.477 of 2007).

(94) Riffat Afzal v. Secretary, Education, Punjab and others (Service ' Appeal No.478 of 2007).

(95) Shams-ud-Din Zafar v. Secretary, Education, Punjab and others (Service Appeal No.479 of 2007).

(96) Shafique Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.480 of 2007).

(97) Hafiz Abdul Khaliq v. Secretary, Education, Punjab and others (Service Appeal No.481 of 2007).

(98) Jameel Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.482 of 2007).

(99) Munawar Yasin v. Secretary, Education, Punjab and others (Service Appeal No.483 of 2007).

(100) Aasia Zaheer v. Secretary, Education, Punjab and others (Service Appeal No.484 of 2007).

(101) Shehnaz Akhtar v. Secretary, Education, Punjab and others (Service Appeal No.485 of 2007).

(102) Muhammad Khalid Nazir v. Secretary, Education, Punjab and others (Service Appeal No.486 of 2007).

(103) Memoona Ishrat v. Secretary, Education, Punjab and others (Service Appeal No.487 of 2007).

(104) Kaneez Fatima v. Secretary, Education, Punjab and others (Service Appeal No.488 of 2007).

(105) Sabiha Khanum v. Secretary, Education, Punjab and others (Service Appeal No.489 of 2007).

(106) Shezadi Sarwat v. Secretary, Education, Punjab and others (Service Appeal No.490 of 2007).

(107) Aalia Rehman v. Secretary, Education, Punjab and others (Service Appeal No.491 of 2007).

(108) Qamar-un-Nisa v. Secretary, Education, Punjab and others (Service Appeal No.492 of 2007).

(109) Syed Iftikhar Hussain v. Secretary, Education, Punjab and others (Service Appeal No.493 of 2007).

(110) Ghulam Yasin v. Secretary, Education, Punjab and others (Service Appeal No.494 of 2007).

(111) Yasmin Bibi v. Secretary, Education, Punjab and others (Service Appeal No.495 of 2007).

(112) Allah Bukhsh v. Secretary, Education, Punjab and others (Service Appeal No.496 of 2007).

(113) Shahid Mehmood v. Secretary, Education, Punjab and others (Service Appeal No.497 of 2007).

(114) Amjad Majeed v. Secretary, Education, Punjab and others (Service Appeal No.498 of 2007).

(115) Jamil Ahmad Sharif v. Secretary, Education, Punjab and others (Service Appeal No.499 of 2007).

(116) Faiz Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.500 of 2007).

(117) Tanvir Afroze v. Secretary, Education, Punjab and others (Service Appeal No.501 of 2007).

(118) Nazia Aslam v. Secretary, Education, Punjab and others (Service Appeal No.502 of 2007).

(119) Humaira Ramzan v. Secretary, Education, Punjab and others (Service Appeal No.503 of 2007).

(120) Saadia Sultan v. Secretary, Education, Punjab 'and others (Service Appeal No.504 of 2007).

(121) Abida Khurshid v. Secretary, Education, Punjab and others (Service Appeal No.505 of 2007).

(122) Muhammad Amir Ali v. Secretary, Education, Punjab and others (Service Appeal No.575 of 2007).

(123) Shamim Ahmad v. Secretary, Education, Punjab and others (Service Appeal No.576 of 2007).

(124) Nisar Ahmad Siddiqui v. Secretary, Education, Punjab and others (Service Appeal No.577 of 2007).

(125) Aziz-ul-Haq v. Secretary, Education, Punjab and others (Service Appeal No.578 of 2007).

(126) Rashid Hameed v. Secretary, Education, Punjab and others (Service Appeal No.579 of 2007).

(127) Muhammad Saleem v. Secretary, Education, Punjab and others (Service Appeal No.580 of 2007).

(128) Muhammad Bashir v. Secretary, Education, Punjab and others (Service Appeal No.581 of 2007).

(129) Tahira Minhas v. Secretary, Education, Punjab and others (Service Appeal No.582 of 2007).

(130) Sultana Masud v. Secretary, Education, Punjab and others (Service Appeal No.583 of 2007).

(131) Zahida Begum v. Secretary, Education, Punjab and others (Service Appeal No.584 of 2007).

(132) Miss Sadaf Siddiq v. Secretary, Education, Punjab and others (Service Appeal No.585 of 2007).

(133) Muhammad Imran v. Secretary, Education, Punjab and others (Service Appeal No.586 of 2007).

(134) Abdul Sattar v. Secretary, Education, Punjab and others (Service Appeal No.587 of 2007).

(135) Muhammad Abdullah v. Secretary, Education, Punjab and others (Service Appeal No.588 of 2007).

(136) Shah Jehan v. Secretary, Education? Punjab and others (Service Appeal No.589 of 2007).

(137) Rashid Awais v. Secretary, Education, Punjab and others (Service Appeal No.590 of 2007).

(138) Muhammad Nawaz v. Secretary, Education, Punjab and others '(Service Appeal No.591 of 2007).

(139) Ziarat Ali v. Secretary, Education, Punjab and others (Service Appeal No.592 of 2007).

(140) Khalid Mehmood v. Secretary, Education, Punjab and others (Service Appeal No.593 of 2007).

(141) Mohsin Naeem Mujahid v. Secretary, Education, Punjab and others (Service Appeal No.594 of 2007).

(142) Kh. Shahid Hameed v. Secretary, Education, Punjab and others (Service Appeal No.595 of 2007).

(143) Zahida Tabasum v. Secretary, Education, Punjab and others (Service Appeal No.596 of 2007).

(144) Javed Kumar v. Secretary, Education, Punjab and others (Service Appeal No.597 of 2007).

(145) Allah Rakha v. Secretary, Education, Punjab and others (Service Appeal No.598 of 2007).

(146) Muhammad Javed v. Secretary, Education, Punjab and others (Service Appeal No.599 of 2007).

(147) Syed Anwar-ul-Hassan v. Secretary, Education, Punjab and others (Service Appeal No.600 of 2007).

(148) Gauhar Altaf v. Secretary, Education,' Punjab and others (Service Appeal No.601 of 2007).

(149) Abdul Ghaffar Dogar v. Secretary, Education, Punjab and others (Service Appeal No.602 of 2007).

(150) Muhammad Abbas v. Secretary, Education, Punjab and others .(Service Appeal No.655 of 2007).

(151) Asma Shafi v. Secretary, Education, Punjab and others (Service Appeal No.656 of 2007).

(152) Rubina Javed v. Secretary, Education, Punjab and others (Service Appeal No.923 of 2007).

(153) Shafqat Khurshid v. Secretary, Education, Punjab and others (Service Appeal No.924 of 2007).

(154) Gulshan Zubair v. Secretary, Education, Punjab and others (Service Appeal No.925 of 2007).

(155) Tanvir Bashir v. Secretary, Education, Punjab and others (Service Appeal No.926 of 2007).

(156) Shabnam Ajmal v. Secretary, Education, Punjab and others (Service Appeal No.927 of 2007).

(157) Fozia Imrana v. Secretary, Education, Punjab and others (Service Appeal No.928 of 2007).

2. The brief facts are that the appellants joined service as ad hoc Lecturers in different years (most of them joined service in the year 1996). However, their services were terminated in the year 2001. After exhausting departmental remedies, they had recourse to this Tribunal but their appeals were dismissed and then they filed petitions for leave to appeal before the Honourable Supreme Court of Pakistan. All the connected petitions i.e. Civil petitions Nos.1093 to 1117, 1135 to 1141, 1169 to 1183, 1190 to 1214 and 1229 of 2002 which were directed against the judgment of this Tribunal, dated 3-5-2002 were decided by the Honourable Supreme Court of Pakistan vide a consolidated judgment, dated 25-9-2002 in the case of "Dr. Naveeda Tufail and 72 others v. Government of Punjab and others reported as 2003 SCMR 291 (Supreme Court of Pakistan). Vide the aforesaid judgment, the Honourable Supreme Court of Pakistan directed the respondents to initiate the process of regularization of the appellants through Punjab Service Tribunal within a period of one month and it was clarified that the cases of the appellants shall be sent separately to the Punjab. Public Service Commission and shall not be tagged with the direct recruits. It was observed by the Honourable Supreme Court of Pakistan that in case any of the petitioners is not found suitable by the Punjab Public Service Commission, he shall not be entitled to be retained in service. Thus, the Honourable Supreme Court of Pakistan converted the petitions for leave to appeal into appeals and disposed of the same accordingly.

3. As a result of the aforesaid judgment of the Honourable Supreme Court of Pakistan, the respondent Department referred the matter to the Punjab Public Service Commission for determination of the eligibility/suitability of the appellants and for regularization of their ad hoc employment.

4. The appellants have averred that they were called for interview by the Punjab Public Service Commission and after assessment of their eligibility they were recommended for regularization. However, respondent No.1 issued their fresh letters of appointment in September, 2003, instead of regularization of their services from the date of their appointment. They filed departmental appeals/representations but the same did not yield a positive result. The appellant filed Writ Petition No.18054 of 2003 before the Honourable Lahore High Court but the same was dismissed. She also filed a Criminal Original No.80 of 2003 before the Honourable Supreme Court of Pakistan which was later on withdrawn. She again filed a petition for a writ of Mandamus before the Honourable Lahore High Court. But despite a direction by the Honourable Lahore High Court, the representation filed by her was not decided and as such she had to file a criminal original, during the proceedings of which the departmental representative made a statement before the Honourable High Court for the disposal of the representations/departmental appeals of the appellants within a specified period. Later on the order, dated 22-1-2007 was communicated to the appellant regarding rejection of her departmental appeal/representation and hence she filed the instant appeal before this Tribunal.

5. Besides Dr. Naveeda Tufail, other appellants whose appeals are also being disposed of through this consolidated judgment have also challenged the impugned orders on account of the same grievance and have urged the same grounds for acceptance of their appeals.

6. The respondents have resisted all the appeals on the plea that Punjab Public Service Commission had called the ad hoc Lecturers and the outcome had remained as under:--

(i) 402 male ad hoc Lecturers applied to the Punjab Public Service Commission, out of which 43 were found ineligible and 359 were summoned for interview. 280 were declared eligible by the P.P.S.C.

(ii) 352 female ad hoc Lecturers applied to P.P.S.C., out of which 44 were found ineligible and 308 were summoned for interview. 245 were declared eligible by P.P.S.C.

(iii) The remaining ad hoc Lecturers either did not appear before P.P.S.C. or could not qualify as they failed in interview.

7. The respondents have taken the plea that the ad hoc Lecturers had filed representations in the Education Department wherein they had demanded regularization of their ad hoc service for protection of pay and increments earned during ad hoc period, allowances and length of service to be determined accordingly. However, after perusing the record and in the light of the relevant rules, their representations were rejected vide order, dated 22-1-2007. They have also taken the plea that the orders of appointment of the appellants as Lecturers on regular basis were issued as per recommendations of the Punjab Public Service Commission. However, there was no direction in the judgment of the Honourable apex Court to regularize the services of the ad hoc Lecturers with retrospective effect i.e. from the dates of their appointment on ad hoc basis. They have averred that the appellants cannot be allowed the benefit to which they are not entitled. In this respect they have referred to the following two conditions of the offer of appointment of ad hoc Lecturers in December, 1995:---

(i) The ad hoc appointment will not confer any right of regular appointment to the same post nor the service will be counted towards seniority (condition-V of the letter).

(ii) You will not agitate or approach the higher authorities for regularization of your ad hoc appointment (condition xi of the letter).

8. The respondents have taken the plea that the ad hoc service of the appellants, cannot be counted towards seniority and as there was a gap between their ad hoc service and the date of regularization of their services, therefore, they are not entitled to the benefits of their pay, increments etc. for the intervening period. They have thus, asserted that the appeals filed by the appellants are without any lawful basis and are liable to be dismissed.

9. I have carefully considered the arguments advanced from both sides and have also gone through the record.

10. The learned counsel for the appellants have submitted that after the judgment of the. Honourable Supreme Court of Pakistan, dated 25-9-2002 (2003 SCMR 291), the respondents had filed Civil Review Petitions Nos.153 to 224 of 2002 (73 in number) and the said review petitions were dismissed by the Honourable Supreme Court of Pakistan vide order dated 9-1-2003. The learned counsel for the appellants have produced a copy of the order of the Honourable…

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