Full Judgment Text & Judicial Ruling

1992 P L C (C

1992 P L C (C.S.) 971

[Lahore High Court]

Before Malik Muhammad Qayyum, J

C.D.A. GRADUATE ENGINEERS WELFARE ASSOCIATION (REGD.)

Versus

FEDERATION OF PAKISTAN and 3 others

Writ Petition No. 744/S of 1990, decided on 9th March, 1992.

Constitution of Pakistan (1973)---

---Art.199---Constitutional petition---Aggrieved person- --Suppression of fact-- Non-impleading of necessary parties---Maintainability---Association of Graduate Engineers employed with respondents, filing Constitutional petition against promotion of diploma-holders employed with the same establishment ---Petitioner association could not be considered to be an aggrieved person under Art. 199 of the Constitution---Individual members of petitioner association had earlier filed Constitutional petition with respect to same subject matter which was dismissed---Such fact was not disclosed in the fresh Constitutional petition---Petitioners were, thus, not entitled to grant of any relief in discretionary jurisdiction of High Court---Petitioners had although agitated against promotions of certain persons but neither names of those persons had been disclosed in petition nor they had been impleaded as parties---Petition was not maintainable in absence of necessary parties.

Dr. G.S. Khan for Petitioner.

Ch. Muhammad Farooq, Deputy Attorney-General of Pakistan for Respondent No. 1.

Ghulam Hassan Gulshan for Respondent No.2.

Abid Hassan Minto for Respondent No.3.

Raja Muhammad Akram for Respondent No 4

Date of hearing: 28th October, 1991.

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