ZULFIQAR ALI vs CHAIRMAN UC NO — 2026 PLC(CS) 760 KARACHI-HIGH-COURT-SINDH

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ZULFIQAR ALI VS CHAIRMAN UC NO.18 MALGUZAR S. 11---Constitution of Pakistan, Art. 199---Constitutional petition---Employment---Stoppage of salary---Res judicata, principle of---Applicability---Petitioners / employees were aggrieved of stoppage of their salaries by respondent / Local Council---Plea raised by respondent / Local Council was that the petition was not maintainable due to principle of res judicata---Validity---Principle of res Judicata is a principle of peace, it operates as estoppel and bar against multiple litigation on the same subject matter between same parties---Cause of action to file instant petition was different to that of earlier petition---Through instant petition, petitioners sought indulgence of High Court against action of respondent / Local Government of stoppage of monthly salary, whereas earlier petition was filed against repatriation orders---Both litigations were filed on different premise, against different cause of action---Disposal of earlier petition did not operate in any manner as res judicata---Stoppage of salary for extraneous consideration may result in starvation---Stoppage of salary in arbitrary manner without assigning plausible and cogent reasons was an act of victimization for a family dependent for its bread and butter on salary---High Court could not allow such act to perpetuate if it was found that same was taken without reasonable cause and rationale and in violation of laws and rules providing for stoppage of salary through departmental proceedings---Petitioners were entitled to receive their monthly salary from the account of respondent / Local Council---Acts of respondents / authorities to stop salary of petitioners were illegal, perverse and taken without any lawful authority, warranting indulgence of High Court to exercise powers of judicial review conferred under Article 199 of the Constitution---High Court declared that it would be deemed that petitioners had never been transferred or relieved or repatriated from respondent / Local Council and petitioners were entitled to withdraw their salary---High Court directed respondent / Local Council to release monthly salary of petitioners forthwith---High Court referred the matter to Regional Director Local Government Larkana to decide the issue of amount of monthly salary payable to petitioners keeping in view the last salary drawn by them prior to disputed duration, as monthly salary package of petitioners was disputed by respondents / authorities---Constitutional petition was allowed accordingly.

ZULFIQAR ALI vs CHAIRMAN UC NO — 2026 PLC(CS) 760 KARACHI-HIGH-COURT-SINDH

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