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K.L.R. 2004 Labour & Service Cases 60

Haider Zaman Khan, Sub-Divisional Officer, Samundri Drainage Sub-

CitationK.L.R. 2004 Labour & Service Cases 60
CourtLahore High Court
Case No.W.P. No. 13282 of 2002
Date2002-07-24
Judge(s)Chaudhry Ijaz Ahmed
ResultPetition Dismissed

ORDER

CH. IJAZ AHMAD, J.- The petitioner has filed this writ petition with the following prayer:- "It is, therefore, most respectfully prayed that the decisions of the Punjab Service Tribunal in case No. 473/852 of 1984 and case No. 485/888 of 1984 based upon rules framed by the Governor may kindly be got implemented in letter and spirit from the respondent and a direction be issued to the respondent to do the needful."

2. The learned counsel of the petitioner submits Second writ petition qua the same subject matter and relief in view of Section 11 of C.P.C, is not maintainable as per principle laid down by the Honourable Supreme Court in Pir Bakhsh's case (PLD 1987 SC 145). The petitioner has concealed the material facts from this Court as the petitioner did not mention a single word qua filing of writ petition No. 3868/2000 in the contents of the writ petition, It is settled principle of law that Constitutional remedy is discretionary in character. Keeping in view that the petitioner has concealed the material facts from this Court, I am not inclined to exercise my discretion in favour of the petitioner as per principle laid down by the Honourable Supreme Court in the following judgments:- Abdul Rashid v. Pakistan and others (1969 SCMR141).

Nawab' Syed Raunaq Ali, etc. v. Chief Settlement Commissioner and others (PLD 1973 SC 236).

In view of what has been discussed above, this writ petition has no merits and the same is dismissed.

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