Law:

Section:

Civil service--- ----Employee of State-owned Bank---Encashment of frozen leaves---Past and closed transaction---Scope---Contention of petitioners-employees was that they were entitled for payment of frozen privilege leaves according to circular issued by the employer-bank---Validity---Privilege and sick leave as on 31-12-1998 according to Circular by the Bank stood frozen and frozen leave could be encashed at the time of retirement maximum 365 days if available in the employee's leave account---Retiring employee according to said Circular could avail cash compensation in lieu of leave preparatory to retirement if he applied fifteen months prior to the date of retirement which condition was not in the earlier circulars---Circular in question had superseded all the earlier policies on encashment of leave preparatory to retirement---Constitutional petition had been filed against the policy decision of employer Bank which was not maintainable---Issue involved in the petition was a past and closed transaction---Prayer for implementation of Circular was not maintainable in circumstances---Petitioners-employees had been retired from their services and policy decision having been acted upon and accepted by the employees, said decision could not now be made subject of constitutional petition after lapse of long time---Petitioners-employees had not made any efforts/steps for claiming their rights earlier---Employees having received their retirement benefits at the time of their retirement, constitutional petition was hit by the principle of laches---Constitutional petition was dismissed in circumstances. Capt. (Retd.) Mukhtar Ahmed Shaikh v. Federal Government of Pakistan 2013 PLC (C.S.) 380 ref. Jawad Mir Muhammad and others v. Haroon Mirza and others PLD 2007 SC 472 rel. THIS JUDGMENT DELIVERED BY: ABDUL MAALIK GADDI, JUSTICE:---.--- Through instant constitution petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioners have sought following relief(s):--- (a) To direct the respondent President of National Bank of Pakistan to make payment of the frozen privilege leave (PL) balance as per directives of the circular as…

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