| Case ID |
05378e76-4192-4397-9fad-152e78255d27 |
| Body |
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| Case Number |
Civil Appeal No. 17-P of 1970 |
| Decision Date |
Dec 18, 1972 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeal on the grounds of laches and acquiescence by the respondent, Abdul Qayum Khan. The Court noted that the writ petition was filed three years after the order of compulsory retirement and found no satisfactory explanation for the delay. It emphasized that the respondent had acquiesced in the order by accepting the pension and seeking re-employment, which negated his ability to challenge the retirement order after such a significant delay. The appeal was accepted, the High Court's order was set aside, and the writ petition was dismissed. |
| Summary |
In the landmark case of Civil Appeal No. 17-P of 1970, the Supreme Court of Pakistan addressed critical issues surrounding the doctrine of laches in administrative law. The case arose when Abdul Qayum Khan challenged his compulsory retirement from government service, which he claimed was unjust. The Court examined the circumstances leading to the delay in filing the writ petition, emphasizing that the extensive three-year gap between the retirement order and the petition filing was significant. The Court highlighted that the respondent had accepted the retirement order by applying for benefits, which demonstrated acquiescence. This case sets a precedent for future administrative law cases, reinforcing the principle that delay and acceptance of an administrative decision can bar a party from later challenging that decision. The decision is pivotal for understanding the limits of judicial review in administrative matters, particularly in cases involving government employees and the implications of procedural delays. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government High School, Sirai Niamat Khan,
Education Department of the N.-W. F. P.
|
| Judges |
HAMOODUR RAHMAN, C.J.,
SAJJAD AHMAD,
SALAHUDDIN AHMED,
ANWARUL HAQ, JJ
|
| Lawyers |
Fakhre Alam, Advocate-General, N.W.F.P.,
Abdul Waheed Khan, Advocate-on-Record,
Peer Bakhsh Khan, Advocate,
Muhammad Tariq Khan, Advocate-on-Record
|
| Petitioners |
THE STATE OF PAKISTAN THROUGH THE SECRETARY EDUCATION DEPARTMENT, Islamabad High Court AND 3 others
|
| Respondents |
ABDUL QAYUM KHAN
|
| Citations |
1972 SLD 345,
1972 SCMR 693
|
| Other Citations |
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,
Abdul Qadir v. Govt. of West Pakistan PLD1967SC506
|
| Laws Involved |
Constitution of Pakistan (1962)
|
| Sections |
Art. 98
|