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2011 SCMR 260

Ms. SALMA MOOSAJEE VS FEDERATION OF PAKISTAN

Petitioner: Ms. SALMA MOOSAJEE VS Respondent: FEDERATION OF PAKISTANHonorable Justice Anwar Zaheer JamaliAnsari Abdul Latif,Nemo

Court: Supreme Court of Pakistan

Full Judgment Text & Judicial Ruling

2011 SCMR 260

2011 SCMR 260

[Supreme Court of Pakistan]

Before Anwar Zaheer Jamali, Khilji Arif Hussain and Rahmat Hussain Jafferi, JJ

Ms. SALMA MOOSAJEE and another---Petitioners

Versus

FEDERATION OF PAKISTAN and others---Respondents

C.P.L.As. Nos.505-K and 581-K of 2009, decided on 4th December, 2009.

Constitution of Pakistan---

----Art. 185(3)---Leave to appeal was granted by Supreme Court to examine whether the claim of the petitioners on merit had been rightly rejected, despite effective applicability of the notification, when the petitioners were under the employment of respondents---Grant of leave, however, was subject to limitation, which would be examined and decided at the time of hearing of appeals.

S. Safdar Hussain, Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate-on-Record for Petitioner (in Petition No.505-K of 2009).

Ansari Abdul Latif, Advocate Supreme Court and Mazhar Ali B. Chohan, Advocate-on-Record for Petitioner (in Petition No.581-K of 2009).

Nemo for Respondents.

ORDER

ANWAR ZAHEER JAMALI, J.---In these two petitions, arising out of common judgment of the High Court of Sindh dated 16-4-2009, leave is granted to examine whether the claim of the two petitioners on merit has been rightly rejected, despite effective applicability of the Notification dated 9-8-2002 from 1-7-2002, when admittedly the petitioners were under the employment of respondents.

Grant of leave in Constitution Petition No.581-K of 2009 is, however, subject to limitation, which will be examined and decided at the time of hearing of these appeals.

Appeal, paper books may be prepared on the basis of available record. Parties are, however, at liberty to file additional documents, if any, within two months.

H.B.T./N-17/SC Leave granted.

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