Case Details

Citation(s)
2014 SLG 1262 2014 SLD 1262 2014 PLC 352
Peshawar High Court
Writ Petition No.101 of 2010, decision dated: 29-10-2013
ABDUL LATIF KHAN AND LAL, JAN KHATTAK, JJ

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BARKAT ALI

VS

PRESIDENT/CHIEF EXECUTIVE, PTCL, ISLAMABAD and 10 others

Law:

Section:

(a) Constitution of Pakistan---Art. 199---Constitutional petition---Annual increment, grant of---Terms and conditions of service---Petitioner claimed annual increment after his retirement---Contention of the petitioner was that departmental authorities withheld the annual increments without any reason and the same were awarded to other similarly placed persons---Validity---As per the terms and conditions of petitioner's service, he was held entitled to minimum basic pay with the admissible allowances under the usual conditions but a condition was attached in his appointment order to the effect that the petitioner would not be entitled to annual increment till his regular appointment as Accountant on qualifying the departmental accounts examination---Petitioner had not qualified the prescribed departmental examination till availing Voluntary Separation Scheme, which was must to get annual increment as per terms and conditions of his service as contained in his appointment order---Such condition was a stumbling block in the way of the petitioner to claim the desired annual increments---Constitutional petition was dismissed. (b) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Laches---Claim has to be filed within reasonable time---Failure of the petitioner to timely agitate the issue was fatal to his case as law always enjoined aggrieved persons to avail the legal forum for the redressal of their grievances within the prescribed and reasonable time. JUDGMENT LAL JAN KHATTAK J.--- Through the instant writ petition under Article 199 of the Constitution of Pakistan, 1973, the petitioner has prayed for issuance of an appropriate writ directing the respondents to grant him the following relief:--- "(i) Annual increments be paid to the petitioner right from the year, 1989 till the retirement of the petitioner from his service, by fixing his pay according to the revised pay scales promotions/packages allowed by the respondents from time to time. (ii) To allow promotion to the petitioner from BPS-16 to BPS-17 since 16-1-2001; (iii) To allow further promotion to the petitioner from BPS-17 to BPS-18 having seven years service since 16-1-2001, in…
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