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2021 IHC 174

Mishal vs Federation of Pakistan, etc

Citation2021 IHC 174
CourtIslamabad High Court
Case No.Review Application No.03 of 2021
Date2021-04-15
Judge(s)Mohsin Akhtar Kayani, Fiaz Ahmad Anjum Jandran
ResultApplication dismissed

ORDER

FIAZ AHMAD ANJUM JANDRAN, J. This review application has been filed against the judgment dated 08.03.2021, passed by the learned Division Bench of this Court, wherein I.C.A. No. 179 of 2018 filed by the applicant was dismissed.

2. Learned counsel for the applicant contends that on the date fixed, learned counsel for the applicant had been away to Karachi in connection with personal business and, therefore, the Court was not assisted properly; that applicant fulfills the criteria for becoming a regular employee and had been working against a permanent post.

3. Learned counsel has been heard at considerable length and record has been perused with his able assistance.

4. At the very outset, it is deem necessary to mention that rehearing of a decided matter is not permissible within the sphere of the review jurisdiction as the court after rendering final decision cannot act as an arbiter as having become functus of ficio.

5. The applicant had been a project employee working on daily wages, which was not converted into non- development side as contended by the Director concerned, depicted in Para-8 of the judgment under review . The law on the subject has since been devolved in terms that every post shall now be advertised in the newspaper and the appointments against the posts of BS-1 to 15 shall also be made through a transparent manner of the eligible candidates.

6. The contention that the Director concerned had made an incorrect statement, referred above, qua status of the applicant as being a project employee, gives rise to factual controversy , which cannot be adjudicated upon being out of the ambit of review jurisdiction.

7. The scope of review jurisdiction is limited to the extent of discovery of new fact/evidence, a mistake apparent on the face of the record or clerical, arithmetical mistake, not a single ground exists warranting review of the judgment, hence present review application is hereby dismissed .

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