Case Details

Citation(s)
2018 SLG 1592 2018 SLD 1592 2018 PLC 574
Lahore High Court
W.P. No. 58073 of 2017, decided on 07-03-2018.
SHAHID MUBEEN, JUSTICE
Sheraz Zaka for Petitioners. Muhammad Rafiq Shad for
Respondent No.2.

ALI RAZA AND 2 OTHERS

VS

GOVERNMENT OF PAKISTAN THROUGH SECRETARY MINISTRY OF KASHMIR AFFAIRS AND 4 OTHERS

Law:

Section:

(a) Civil service--- ----General Clauses Act (X of 1897), S.24-A---Regularisatiom of service---Vested right---Scope---Natural justice principles of---Applicability---Petitioners, impugned order whereby the letter which was issued to regularize service of petitioners was withdrawn by the Department---Validity---Order of withdrawal had been issued without hearing petitioners and therefore same was against the principles of natural justice---When petitioners' services were regularized by the Department, a vested right was accrued to them, therefore, before passing any order which was adverse to petitioners, they must be heard---Order in question had been issued without assigning any reason which was violative of S.24-A of General Clauses Act, 1897---Impugned order was set aside---Constitutional petition was allowed, accordingly. Messrs Ahmed Clinic v. Government of Sindh and others 2003 CLC 1196 rel. (b) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Laches---Question of laches, determination of---Scope---Fundamental Right(s) could not be denied, infringed or curtailed on ground of laches and court could not dismiss a lis on ground of laches if doing so defeated the cause of justice---Laches, per se, was not a bar on exercise of Constitutional jurisdiction of High Court and question of delay in filing of a Constitutional petition would have to be examined with reference to facts of each case---Question of laches was to be considered in the light of conduct of person invoking Constitutional jurisdiction and degree of negligence if any should be considered along with determining that if by grant of relief being sought, no injustice would be caused to opposite party----No Constitutional petition should be dismissed merely on ground of laches without examining dictates of justice. Umar Baz Khan through Lhrs. v. Syed Jehanzeb and others PLD 2013 SC 268; Jawad Mir Muhammadi v. Haroon Mirza PLD 2007 SC 472 and Farzand Raza Naqvi and 5 others v. Muhammad Din through Legal Heirs and others 2004 SCMR 400 rel. THIS ORDER PASSED BY: SHAHID MUBEEN, J.--- Through this constitutional petition filed under Article 199 of the Constitution of…
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