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Petitioner: ABDUL RASHID VS Respondent: FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN
1988 S C M R 1689
1988 S C M R 1689
Present: Ghulam Mujaddid Mirza and Saad Saood Jan, JJ
CIVIL PETITION No.427 OF 1981
ABDUL RASHID‑‑Petitioner
versus
TINE FEDERATION OF ISLAMIC REPUBLIC OF PAKISTAN and others‑Respondents
CIVIL PETITION No.458 OF 1981
MUNIR AHMAD MIRZA‑‑Petitioner
versus
THE ISLAMIC REPUBLIC OF PAKISTAN and others‑‑Respondents
CIVIL PETITION No.544 OF 1981
Dr. IQBAL. HUSSAIN RANDHAWA‑‑Petitioner versus
FEDERATION OF PAKISTAN and 2 others‑‑Respondents
Civil Petitions Nos.427, 458 and 544 of 1981, decided. on 4th July, 1988.
(From the judgments dated 24‑2‑1981, 3‑2‑1981 and 1‑3‑1981 passed by the Punjab Service Tribunal in cases Nos.320/238, 358/263 and 500/273 of 1974, respectively).
Provisional Constitution Order (1 of 1981)‑‑
‑‑‑Art.13‑A(‑b)‑‑Constitution. of Pakistan (1973), A.rt.212(3)‑ Abatement of .proceedings in Supreme Court‑‑Dismissal from service under Martial Law Regulation No.58 challenged‑‑During pendency of petitions for leave to appeal C.H,L.A. 'Order .No.3 of 1982 was promulgated by operation of which petitions stood abated and disposed of ‑‑[Abatement].
Hidayatullah v . Federation of Pakistan 1986 S C M R 803 rel.
Ch.Mushtaq Masood, Advocate Supreme Court and Sh.Masud Akhtar, Advocate‑ on‑Record for Petitioner (in Civil Petition No.427 of 1981).
Nemo for Respondents (in Civil Petition No.427 of 1981).
Wilayat Umar Chaudhry, Advocate‑on‑Record for Petitioner (in Civil Petition No.458 of 1981).
Nemo for Respondents (in Civil Petition No.458 of 1981).
Abdul Ghaffar Khan, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate‑ on‑Record (in Civil Petition No.544 of 1981).
Nemo for Respondents (in Civil Petition No.544 of 1981).
Date of hearing: 4th July, 1988.
ORDER
SAAD SAOOD JAN, J.‑‑The petitioners in these petitions were dismissed from service under Martial Law Regulation No.58 on different dates in 1970. They preferred appeals before the Service Tribunal which after examining the merit rejected them. They then filed petitions for special leave to appeal in this Court. While their petitions were pending the Chief Martial Law Administrator's Order No.3 of 198 was promulgated. The Order introduced Article 13‑A in the Provisional Constitution Order. By operation of this Article, these petitions stood abated. See Hidayatullah v. Federation of Pakistan 1986 S C M R 803. As these petitions have abated, they are disposed of accordingly.
M.I./A‑273/S Order accordingly.