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MUHAMMAD RAQEEB vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ss — 2023 PLC(CS) 1225 SUPREME-COURT

Case information

Citation
2023 PLC(CS) 1225 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
PLC
Parties
MUHAMMAD RAQEEB vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD RAQEEB VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Peshawar Ss.2(b) & 3---Qanun-e-Shahadat (10 of 1984), Art. 114---Pension---Project employee---No right to pension---On one hand, the appellant was pleading that he was a permanent employee and was requesting the grant of pensionary benefits, but on the contrary, in the earlier round of litigation up to the Supreme Court, he himself pleaded that some other project employees were regularized by the employer-Board, and therefore he should also be regularized in service, which was sufficient to divulge by his own conduct that he was not a regular employee but performing his duties as project employee---Status of the appellant as a project employee had already been examined and set at rest in the earlier round of litigation up to the level of the Supreme Court---In the case in hand, besides the doctrine of estoppel, the doctrine of election and doctrine of qui approbat non reprobat (one who approbates cannot reprobate) were also applicable---Even under the doctrine of past and closed transaction, the present controversy could not be reopened by the Supreme Court in the second round of litigation which on the face of it was an abuse of process of the Court---Appeal was dismissed.

Other judgments reported in 2023 PLC

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