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2005 C.L.R. 7

Muhammad Farooq, etc. vs WAPDA, etc.

Citation2005 C.L.R. 7
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 1945 to 1947-L of 1999
Date1999-12-02
Judge(s)Wajihuddin Ahmed, Irshad Hasan Khan, Munir A. Sheikh
ResultLeave to Appeal Refused

ORDER

IRSHAD HASAN KHAN, J.--Through this common order we propose to dispose of Civil Petitions for Leave to Appeal No.1945-L/1999, arising out of consolidated order dated 5.10.1999, passed in Writ Petition No. 18570 of 1999, whereby the learned Division Bench of the High Court, headed by the learned Chief Justice passed the following order on the interim relief prayed for by the petitioner:- "Instead of considering the question of stay, since short matter is involved, therefore, office is directed to fix the main petitions as well as Stay Applications alongwith all the other connected writ petitions after two weeks."

"Notice to Attorney General for Pakistan Advocate-General of Punjab and Mr. Ilyas Khan, Legal Advisor WAPDA shall also be issued."

2. Hafiz Tariq Nasim, learned ASC for the petitioners contends that the learned Division Bench of High Court had fallen into an error in depriving the petitioners from interim relief, notwithstanding the fact that in similar matters the other learned Judges of the High Court have granted interim relief to the petitioners therein, whose cases were at par with that of the petitioners herein. Reliance was also placed on Muhammad Ashraf v. Federation of Pakistan through Secretary, Ministry of Railways, Islamabad (1999 SCM R 336), wherein one of us (Irshad Hasan Khan, J), while granting leave observe:-- "3 Ch. Mehdi Khan Metal, learned Advocate-on- Record for the petitioners vehemently argued that the Tribunal was wrong in applying the same rules differently to all identically placed employees of Pakistan Railways, granting a particular benefit to one and refusing the same to others by violating the rule of equity under Article 25 of the Constitution. Prime facie there appears to be force in the above submission."

3. Be that as it may, since the learned Division Bench has passed orders for hearing of all the connected writ petitions together within a period of two weeks, no interference is called for.

4. When faced with this, Hafiz Tariq Nasim, learned ASC for the petitioners pointed out that although cases have been listed for hearing on numerous occasions, the same have not yet been disposed of. This being so, we expect that the learned Chief Justice would consider the desirability of finally disposing of these petitions. Within a period of two weeks from the next date of hearing.

5. With the above observation, the petitions are disposed of. .

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