Case Details

Citation(s)
2023 SLG 400 2023 SLD 400 2023 PLC 186
Appellate Tribunal Inland Revenue, Multan Bench
I.C.A. No.187 of 2020 in W.P. No.3042 of 2018, heard on 21st March, 2022. Date of hearing: 21st March, 2022.
ABID HUSSAIN CHATTHA AND MUHAMMAD RAZA QURESHI, JJ
Muhammad Yafis Naveed Hashmi for Appellant. Malik Muhammad Tariq Rajwana and Malik Asif Rafique Rajwana for
Respondents.

ABDUL GHAFOOR

VERSUS

STATE LIFE INSURANCE CORPORATION OF PAKISTAN through Chairman and 2 others

Law: Constitution of Pakistan, 1973

Section: 199

(a) State Life Employees (Service) Regulations, 1973--- ----Preamble---Constitution of Pakistan, Art. 199---Promotion criteria, non-determination of---Effect---No provision existed regarding promotion in the State Life Employees (Service) Regulations, 1973, which may vest a right in the employees of the Corporation to be enforced in the constitutional jurisdiction of the High Court---State Life Insurance Corporation is a professional and commercial organization which has devised its own eligibility-cum-fitness criteria regarding promotion of its employees, which is based on length of service and achievements or completion of business targets---State Life Insurance Corporation is the best judge for promotion of its officials and the Court cannot give its own findings to substitute with the findings of any specialized institution. Mehboob Alam v. State Life Insurance Corporation of Pakistan and others (Writ Petition No.5136 of 2006) and Abdul Waheed v. Chairman, State Life Insurance Corporation of Pakistan (I.C.A. No.146 of 2001) ref. Mazullah Khan v. Zonal Head, State Life Insurance Corporation, Peshawar and others 2008 SCMR 617 and State Life Insurance Corporation of Pakistan and others v. Syed Hassan Ali Shah and others 2010 SCMR 1381 rel. (b) Civil service--- ----Promotion criteria---Scope---Promotion standards devised by a commercial institution are distinctly and conspicuously different than those applicable to the civil servants. Mazullah Khan v. Zonal Head, State Life Insurance Corporation, Peshawar and others 2008 SCMR 617 and State Life Insurance Corporation of Pakistan and others v. Syed Hassan Ali Shah and others 2010 SCMR 1381 rel. (c) Laches--- ----Rule of laches is applied in accordance with the facts and circumstances of each case keeping in view the equitable principles---Normally, reasonable time to approach the Court is held to be three months. Mian Aurangzeb Noor v. Rent Controller, Lahore and another 2012 CLC 1729 ref. JUDGMENT ABID HUSSAIN CHATTHA, J.----This Intra Court Appeal is directed against the impugned Order dated 26.02.2019 passed by the learned Single Judge in Chambers in Writ Petition No.3042/2018. 2. Brief facts of this case are…
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