| Case ID |
39700cd0-e0ef-49a6-ba77-b6adf662dc98 |
| Body |
View case body. Login to View |
| Case Number |
Constitutional Petition No. D-873 of 2009 |
| Decision Date |
Dec 31, 2014 |
| Hearing Date |
Nov 11, 2014 |
| Decision |
The constitutional petition was dismissed due to the lack of maintainability as the petitioner failed to explain a significant delay of five years in filing the petition. The court ruled that the issue of payment and benefits had already been decided, and the petitioner could not agitate grievances regarding service benefits after receiving the amounts without protest. The judgment of the Service Tribunal had been abated and attained finality, leaving no question for implementation of its orders. Discretionary relief was denied since the petitioner could not demonstrate just cause for the delay. |
| Summary |
In the case of Ghulam Aulia vs. Federation of Pakistan, the Sindh High Court addressed the constitutional petition concerning the implementation of a Service Tribunal judgment regarding the up-gradation and benefits of the petitioner, a civil servant. The court emphasized that constitutional petitions must be maintainable and that laches, or undue delay, can bar relief. The court found that the petitioner had been reinstated after acquittal from a criminal case but failed to assert a timely claim for additional benefits. The court ruled against the petitioner's claims, reinforcing the principle that judgments of the Supreme Court are binding and must be adhered to. This case highlights the importance of timely legal action and the need for petitioners to substantiate their claims with evidence, particularly in service matters. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED HASAN AZHAR RIZVI,
AZIZ-UR-REHMAN
|
| Lawyers |
Muhammad Arshad Khan Tanoli,
Asif Hussain Mangi,
Khalid Javed
|
| Petitioners |
GHULAM AULIA
|
| Respondents |
FEDERATION OF PAKISTAN through Secretary and 2 others
|
| Citations |
2015 SLD 3076 = 2015 PLC 1149
|
| Other Citations |
Muhammad Mubeen-us-Salam v. Federation of Pakistan and others PLD 2006 SC 602,
Anisa Rehman v. PIAC and another 1994 SCMR 2232,
Muhammad Dawood v. Federation of Pakistan 2007 PLC (C.S) 1046,
R.T.H. Janjua v. National Shipping Corporation PLD 1974 SC 146,
Muhammad Mumtaz Javed v. Pakistan through Secretary Ministry of Communications, Government of Pakistan and 2 others 1988 PLC (C.S) 705,
Pakistan International Airline Corporation and others v. Tanweer-ur-Rehman and others PLD 2010 SC 676,
Raziuddin v Chairman PIAC PLD 1992 SC 531,
Muhammad Yusuf Shah v. Pakistan International Airlines Corporation PLD 1981 SC 224,
Pakistan International Airline Corporation v. Shahabuddin and others 1993 PLC (C.S.) 1,
Pakistan Telecommunication Co. Limited v. Iqbal Nasir PLD 2011 SC 132
|
| Laws Involved |
Constitution of Pakistan
|
| Sections |
199,
189
|