Citation Name: 2023 PLC(CS) 1073 PESHAWAR-HIGH-COURTBookmark this Case GUL ASLAM vs GOMAL UNIVERSITY, D

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Citation Name: 2023 PLC(CS) 1073 PESHAWAR-HIGH-COURTBookmark this Case GUL ASLAM VS GOMAL UNIVERSITY, D.I. KHAN art.199---Civil service---Promotion--- Constitutional jurisdiction of the High Court, invoking of---Laches, principle of---Cadre of Mess Munshis was changed and was re-designated as junior Clerk and the petitioner, being one of them, asserted that he was later not promoted as per seniority list---Validity---Record revealed that in the matter-in-question, the petitioner was primarily aggrieved of an order having been passed more than three decades ago while he asserted that he came to know about the said fact about eight years ago, and he applied to the respondent/department---Delay in seeking the remedy of appeal, review or revision beyond the period of limitation provided under the statute, in absence of reasonable explanation, could not be condoned; and, in the same manner, if the remedy of invoking constitutional jurisdiction of the High Court was not availed within reasonable time, the interference by the High Court be refused on the ground of laches---No plausible or logical justification , in the present case, had been offered in the memo of constitutional petition to show as to why the petitioner was waiting for such a long time to approach the High Court---Question of laches in case of promotion had much significance as due to inordinate delay things and circumstances enormously changed---Petitioner approached the High Court after three years of having applied to the respondent/ department and that too after almost two years of having retired on attaining the age of superannuation---Due to reckless and lethargic attitude in invoking constitutional jurisdiction of the High Court , the entire complexion and scenario had change---Not only the issue of limitation, but the conduct of the parties as well as change in situation were also to be considered by the High Court while exercising its discretion---Laches in simplest form meant failure of a person to do something which should have been done by him within reasonable time---If the remedy of constitutional petition was not availed within reasonable time the interference could be refused on the ground of laches, and the same would not be decided on merits---Constitutional petition was dismissed. Citation Name: 2023 PLC(CS) 1073 PESHAWAR-HIGH-COURTBookmark this Case GUL ASLAM VS GOMAL UNIVERSITY, D.I. KHAN art.199---Civil service---Promotion---Constitutional jurisdiction of the High Court, invoking of---Discretion of the Court---Scope---Grant of relief in constitutional jurisdiction was discretionary, which was required to be exercised judiciously---No hard and fast rule could be laid down for the exercise of discretion by the Court for grant or refusal of relief in the exercise of extra-ordinary jurisdiction---Constitutional petition was dismissed.

Citation Name: 2023 PLC(CS) 1073 PESHAWAR-HIGH-COURTBookmark this Case GUL ASLAM vs GOMAL UNIVERSITY, D — 2023 PLC(CS) 1073 PESHAWAR-HIGH-COURT

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