| Citation(s) |
|---|
| 2005 SLG 958 2005 SLD 958 2005 PLC 792 |
Lahore High Court
Writ Petition No. 5845 of 1981, heard on 19-02-2004.
MIAN SAQIB NISAR, J
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Writ Petition No. 5845 of 1981, heard on 19-02-2004.
MIAN SAQIB NISAR, J
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S. SHAH RUKH, ASSISTANT VICEPRESIDENT, NATIONAL BANK OF PAKISTAN
VS
HAMAYUN AKHTAR ADIL, SENIOR EXECUTIVE VICE-PRESIDENT NATIONAL BANK OF PAKISTAN and 3 others
Law:
Section:
Constitution of Pakistan (1973)------Art.199--Constitutional petition---Limitation---Implementation of the of High Court--Order of promotion---Petitioner was promoted---Order of promotion was cancelled after 8 months---Petitioner challenged the cancellation order and got the relief---Relief granting order remained under attack till the age of superannuation of the petitioner---Petitioner had filed Constitutional petition with a prayer to get himself reinstated---Such petition was heard ex parte and prayer was granted by the Court---Ex parte order was challenged by the respondent and Supreme "Court set aside the ex parte order and petition for getting reinstated was reheard by the High Court---High Court found that since the petitioner had crossed the age of superannuation, he could not be reinstated---Respondent had paid all financial benefits to the petitioner--High Court disposed of the petition with the direction that if full amounts of financial benefits were not paid and petitioner felt dissatisfied he could move appropriate forum and limitation will not block his relief in circumstances. Chaudhry Riasat Ali for Petitioner. Khawaja Muhammad Farooq for Respondents. Date of hearing: 19th February, 2004. JUDMGENT The petitioner was employed in the National Bank of Pakistan and vide order dated 5-10-1978, was promoted as Senior Grade-I Officer and designated as Assistant, Vice-President w.e.f. 1-7-1978; subsequently, the order of promotion was cancelled on 19-3-1979, constraining the petitioner to file Writ Petition No.2478 of 1980, which was accepted by this Court on 22-12-1980; the judgment of this Court was challenged by the respondents through ICA No.78 of 1981, which was dismissed on 12-5-1981. Though the leave was granted to the respondents, but ultimately C.A. No.78 of 1981 was dismissed on 5-2-1985 by the Honourable Supreme Court. In the meantime, the petitioner was compulsorily retired from service vide order dated 28-5-1983 and was sent on LPR; his date of retirement was 16-4-1984. The petitioner challenged this order through another Writ Petition No. 1540 of 1984, which was dismissed by this Court on 9-7-1984; ICA No. 183 of 1984 against the above…
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