Case Details

Citation(s)
2022 SLG 2390 2022 SLD 2390 2022 PLC 1459
Balochistan High Court
C.P. No. 1057 of 2020, decided on 27th November, 2020.
, JAMAL KHAN MANDOKHAIL AND ABDUL HAMEED BALOCH, JJ
Syed Ayaz Zahoor for Petitioner.

MUHAMMAD FURQAN KHAN

VS

CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN and 5 others

Law:

Section:

Civil service--- ----Laches---Applicability---Limitation---Object, purpose and scope---Petitioner sought implementing of Cabinet decision passed in year 1993, regarding regularizing his service---Validity---Object of law of limitation is to help vigilant and not to indolent and delay defeats equities---Court of equity has always referred its aid to state demand where a party has slept upon his right and acquiesced for a great length of time---Question of laches in filing Constitutional petition has to give serious consideration unless plausible explanation is forthcoming for such delay and same cannot be overlooked---Petitioner after induction became silent, when he was repatriated then he filed application for implementing decision of Cabinet passed in year 1993, which was time barred---Constitutional petition was dismissed, in circumstances. Date of hearing: 11th November, 2020. ORDER ABDUL HAMEED BALOCH, J.----This Constitutional Petition has been filed under Article 199 of the Constitution of the Islamic Republic of Pakistan ("the Constitution") with the following prayers: a) That on grounds that flagrant violations of Constitutional Provisions have been made by the respondents(s) at various stages of the case, therefore it is prayed that the decision of Provincial taken in its meeting held on 14.04.1993 with regard to the petitioner may be implemented in letter and spirit. b) That further declaring that in light of decisions, opinions sought from their department and declaring despite such facts the decision taken against the petitioner by considering him to have been inducted in CM Secretariate be declared as totally violating the constitutional guarantees available to the petitioner. c) That the letter dated 25th September 2020 issued by respondent No.3 wherein the petitioner has been warned on agitating his fundamental right be declared as totally without lawful authority and jurisdiction and thus of no legal consequences; d) Any other relief, which this Hon'ble Court may deem fit and proper in the circumstances of the case, may also be awarded in the interest of justice, fair play and equity. " 2. Heard. Record perused. The record transpires that the…
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