GHULAM MURTAZA vs FEDERATION OF PAKISTAN through Secretary, Aviation Division, Islamabad Laches, principle of — 2022 PLC(CS) 687 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLC(CS) 687 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLC
Parties: GHULAM MURTAZA vs FEDERATION OF PAKISTAN through Secretary, Aviation Division, Islamabad Laches, principle of
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHULAM MURTAZA VS FEDERATION OF PAKISTAN through Secretary, Aviation Division, Islamabad Laches, principle of---Alternate and efficacious remedy---Petitioner was employee of Civil Aviation Authority and sought release of his withheld remunerations as salary and consequent implication on his post retirement dues---Respondent Authority sought dismissal of petitioner on the plea of laches---Validity---Claim of petitioner was in respect of unpaid salary and its implication on post retirement dues---Such claim was a cause of action of recurring nature---Law of limitation envisaged exclusion of time expended in bona fide proceedings before a Court devoid of primary jurisdiction---Civil Court of competent jurisdiction could consider the issue of limitation guided by principles of superior Courts and would not endeavor to non-suit a supplicant if the same would prima facie perpetuate injustice---High Court declined to interfere in the matter as claim of petitioner merited adjudication by Civil Court of competent jurisdiction---Constitutional petition was disposed of accordingly.

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