| Citation(s) |
|---|
| 2015 SLG 3076 2015 SLD 3076 2015 PLC 1149 |
Sindh High Court
Constitutional Petition No. D-873 of 2009, decided on 31stDecember, 2014. DATE of hearing: 11th November, 2014
SYED HASAN AZHAR RIZVI AND AZIZ-UR-REHMAN, JJ
Muhammad Arshad Khan Tanoli for Petitioner. Asif Hussain Mangi, Standing Counsel for
Respondent. Khalid Javed for Defendants Nos.2 and 3
Constitutional Petition No. D-873 of 2009, decided on 31stDecember, 2014. DATE of hearing: 11th November, 2014
SYED HASAN AZHAR RIZVI AND AZIZ-UR-REHMAN, JJ
Muhammad Arshad Khan Tanoli for Petitioner. Asif Hussain Mangi, Standing Counsel for
Respondent. Khalid Javed for Defendants Nos.2 and 3
GHULAM AULIAvsFEDERATION OF PAKISTAN through Secretary and 2 others
Law:
Section:
(a) Constitution of Pakistan--- ---Art. 199--- Constitutional petition--- Maintainability--- Laches, principle of---Applicability---Discretionary relief---Civil service---Judgment of Service Tribunal, implementation of---Criminal case was registered against the petitioner (civil servant) and upon acquittal, he was re-instated in service with all the benefits---Plea of petitioner was that he was also entitled for ex-gratia and workers participation fund for the intervening period and children education allowance---Contention of petitioner was that passed by the Service Tribunal had not been complied with in its letter and spirit---Validity---Issue of payment/back benefits was not only agitated but had also been decided---Petitioner had received amount without any protest and he could not agitate any grievance with regard to service benefits---Judgment passed by the Service Tribunal had been abated by the said Tribunal---Impugned order had attained finality---No question for implementation of of Service Tribunal arose---Present constitutional petition was not maintainable as no Statutory Rules of the Employer Corporation existed---Petitioner could not explain delay of five years in filing of present constitutional petition---Constitutional petition suffered from laches---Petitioner was not entitled for discretionary relief in such like situation---Constitutional petition was dismissed, in circumstances. Muhammad Mubeen-us-Salam v.Federation of Pakistan and others PLD 2006 SC 602; Anisa Rehman v. PIAC and another 1994 SCMR 2232; Muhammad Dawood v. Federation of Pakistan 2007 PLC (C.S) 1046; R.T.H. Janjua v. National Shipping Corporation PLD 1974 SC 146; Muhammad Mumtaz Javed v. Pakistan through Secretary Ministry of Communications, Government of Pakistan and 2 others 1988 PLC (C.S) 705; Pakistan International Airline Corporation and others v. Tanweer-ur-Rehman and others PLD 2010 SC 676; Raziuddin v Chairman PIAC PLD 1992 SC 531; Muhammad Yusuf Shah v. Pakistan International Airlines Corporation PLD 1981 SC 224 Pakistan International Airline Corporation v. Shahabuddin and others 1993 PLC (C.S.) 1 and Pakistan Telecommunication Co. Limited v. Iqbal Nasir PLD 2011…