Case Details

Citation(s)
2018 SLG 1673 2018 SLD 1673 2018 PLC 889
Lahore High Court
W.P. No. 7087 of 2014 decided on 13-02-2018.
JAWAD HASSAN, JUSTICE
Azmat Lodhi for
Respondents.

UMAR HAYAT KHAWAJA

VS

PRESIDENT, NATIONAL BANK OF PAKISTAN AND 9 OTHERS

Law:

Section:

Civil service--- ---Bank employee---Promotion---Estoppel, principle of---Applicability---Authorities in pursuance of order passed in an earlier constitutional petition afforded opportunity of hearing to the petitioner employee and promoted him as Senior Vice President with effect from 01-05-2006---Employee received arrears of pay accrued to him in pursuance of his promotion without any protest and objection---Petitioner had accepted his promotion with his free will and consent from 01-05-2006---Nothing was left to be claimed by the employee qua his promotion---Petitioner's contention that he was to be promoted with effect from 01-12-2002 and not from 01-05-2006 had no weight as same was hit by principle of estoppel---Employee had not disclosed that he had sought promotion through constitutional petition which was dismissed and civil petition for leave to appeal against the same was pending before the Supreme Court---Employee had not approached the Court with clean hands and was not entitled to any relief---Constitutional petition was dismissed in circumstances. Dr. Shahnaz Nadir v. The Government of NWFP through Chief Secretary Civil Secretariat Peshawar and 3 others 2005 PLC (C.S) 88; Muhammad Pervaiz v. The Deputy Commissioner, Narowal and 8 others 2004 PLC (C.S.) 201; Azad Jammu and Kashmir Government and others v. Syed Shakir Shah and others 2002 PLC (C.S) 821 and Enmay Zed Publications (Pvt.) through Director General v. Sindh Labour Appellate Tribunal through Chairman and 2 others 2001 SCMR 565 ref. Civil Aviation Authority through Director General and 3 others v. Mir Zulfiqar Ali and another 2016 SCMR 183; Market Committee Sahiwal v. Syed Zaigham Ali and others 2012 PLC (C.S.) 319 and State Bank of Pakistan through Governor and another v. Imtiaz Ali Khan and others 2012 SCMR 280 dist. Secretary Economic Affairs Division, Islamabad and others v. Anwar ul Haq Ahmad and others 2013 SCMR 1687 rel. THIS JUDGMENT DELIVERED BY: JAWAD HASSAN, J.---- Through the instant Constitutional petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"), the Petitioner has made the following prayers: "i. That on…
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