Law:

Section:

Constitution of Pakistan--- ----Art. 199--- Constitutional petition--- Laches--- Bank employee---Optional retirement scheme---Discretion of Bank---Cause of action---Employee applied for optional retirement scheme announced by the Bank but his request was declined---Employee opted for retirement voluntarily from the service of Bank---Contention of employee was that he had been deprived of seeking benefits with regard to encashment of entire accumulated leave with full salary and allowances---Validity---Optional retirement scheme offered by the Bank to its staff members who had completed twenty years of continuous service was not available to all the staff members---Out of eighty six applications for the said retirement scheme only fifty applications were accepted whereas thirty six applications including the application of petitioner were declined---Applications under the said scheme were to be considered by the Bank on individual basis---Bank had discretion to either accept or reject any application for optional retirement without assigning any reason---Bank was not bound to accept all the applications which were made to it by its staff members under the said scheme---Employee voluntarily requested for his retirement after completion of twenty five years of continuous service which was accepted by the Bank---Petitioner was finally relieved from duty after completion of all formalities and all the retirement benefits were released to the employee---Employee was aware of the fact that his request for optional retirement under the optional retirement scheme had been turned down by the Bank---Employee, after having acquiesced to be retired from service could not turn around and press his demand for retirement under the optional retirement scheme---Present constitutional petition was filed after a delay of twelve years which suffered from laches---No cause of action had accrued to the employee for filing of present constitutional petition which was liable to be dismissed---Constitutional petition was dismissed in circumstances. JUDGMENT SYED SAEEDUDDIN NASIR, J.--- Only grievance of the petitioner is that during his service and upon introduction of "OPTIONAL…

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