Law: Constitution of Pakistan, 1962

Section: 98

(On Appeal from the judgment arid order of the former High Court of West Pakistan, Peshawar Bench, Peshawar (now Peshawar High Court), dated the 23rd of August 1967, in Writ Petition No. 128 of 1962). Constitution of Pakistan (1962), Art. 98 - Writ- Laches -Important circumstances in cases of delay : (i) Length of delay and (ii) acts done during interval which might affect either party and cause balance of justice or injustice in taking one course or another-Government servant compulsorily retired from service applying for grant of proportionate pension and at later stage even seeking re-employment as retired Government servant-Held, person had acquiesced in the matter and after sleeping over for three years could not be allowed to invoke writ jurisdiction and re-agitate matter-Writ petition, in such circumstances, even if already admitted for full hearing, could, nevertheless, be challenged on ground of laches at final hearing of case. Zafarul Hasan v. Republic of Pakistan P L D 1960 S C 113 ; Mohammad Zaman Khan v. M. B. Nishat P L D 1962 S C 22 ; The Province of East Pakistan v. M. Amir Hussain P L D 1963 S C 185 ; John Obojo Agbeyegbe v. Pestus Makene Ikomi and another P L D 1953 P C t9 and Abdul Qadir v. Govt. of West Pakistan PLD1967SC506ref. Dates of hearing : 14th, 15th and 18th December 1972. JUDGMENT ANWARUL HAQ, J.--This appeal by special leave is directed against an order made by a Division Bench of the former High Court of West Pakistan at Peshawar on the 23rd of August 1967, whereby a petition filed by the respondent Abdul Qayum Khan under Article 170 of the 1956-Constitution of the Islamic Republic of Pakistan read with Article 2(4) of the Laws (Continuance in Force) Order, 1958, was accepted and the order of his compulsory retirement from Government service was quashed and a direction given that he should be re-Instated with retrospective effect and paid the arrears of his pay and allowances. The respondent had joined service as Assistant Master on 5-6-1928 in the Education Department of the N.-W. F. P. He was promoted to the rank of Head Master in November 1950. On the 14th of March 1959, when he was serving as Bead Master, Government High…