| Citation(s) |
|---|
| 2014 SLG 329 2014 SLD 329 2014 PLC 1292 |
Sindh High Court
Constitutional Petition No. D-723 of 2011, decided on 12th May, 2014. Date of hearing: 14th February, 2014.
MUHAMMAD ALI MAZHAR AND ABDUL RASOOL MEMON, JJ
Abdul Salam Memon for Petitioners. Sibtain Mehmood, A.A.G. and Malik Tariq, D.S.P. (T&R) and Inspector Abdul Rehman for
Respondents.
Constitutional Petition No. D-723 of 2011, decided on 12th May, 2014. Date of hearing: 14th February, 2014.
MUHAMMAD ALI MAZHAR AND ABDUL RASOOL MEMON, JJ
Abdul Salam Memon for Petitioners. Sibtain Mehmood, A.A.G. and Malik Tariq, D.S.P. (T&R) and Inspector Abdul Rehman for
Respondents.
ASGHAR KHAN and 5 others
VS
PROVINCE OF SINDH through Home Secretary Government of Sindh and 4 others
Law:
Section:
Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Appointment---Vested right---Laches, principle of---Scope---In year, 2008, petitioners applied for jobs in Sindh police and they were successful in physical and written tests---Petitioners claimed to have a vested right to be appointed for the posts in question---Plea raised by authorities was that petition filed in year, 2011 was hit by principle of laches and petitioner did not have any vested right---Validity---Petitioners did not have vested right for enforcement under Art.199 of the Constitution on the date when they filed petition and it was hit by laches---Consideration upon which Court refused to exercise its discretion, where petition was delayed, was not limitation but matters relating to conduct of parties and change in situation---Laches in the simplest form meant failure of a person to do something which should have been done by him within a reasonable time, if remedy of Constitutional petition was not availed within reasonable time the interference could be refused on the ground of laches---Grant of relief in Constitutional jurisdiction was discretionary and it was required to be exercised judiciously---No hard and fast rule could be laid down for the exercise of discretion by Court for grant or refusal of relief in exercise of extraordinary jurisdiction---Petition was dismissed in circumstances. Manthar Ali M. Jatoi v. Government of Sindh 1988 PLC (C.S.) 344; Abdul Razzak v. The Collector of Customs and another 1995 CLC 1453; State Bank of Pakistan v. Imtiaz Ali Khan and others 2012 PLC (C.S.) 218; Jawad Mir Muhammadi and others v. Haroon Mirza and others PLD 2007 SC 472; Chairman, PCSIR v. Dr. Mrs. Khalida Razi 1995 SCMR 698 and Secretary Finance v. Ghulam Safdar 2005 SCMR 534 ref. ORDER MUHAMMAD ALI MAZHAR, J.--- The petitioners have brought this constitutional petition for declaration that non-issuance of appointment orders and posting orders of the petitioners as Police Constables in BS-5 by the respondents after complying with all codal formalities is unwarranted in law and they have also prayed that the respondents may be directed to issue their appointment…
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