MUHAMMAD SALAHUDDIN vs FEDERATION OF PAKISTAN through Secretary Production and Industries art — 2023 PLC(CS) 767 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PLC(CS) 767 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PLC
Parties: MUHAMMAD SALAHUDDIN vs FEDERATION OF PAKISTAN through Secretary Production and Industries art
Subject matter: Civil

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

MUHAMMAD SALAHUDDIN VS FEDERATION OF PAKISTAN through Secretary Production and Industries art.64---Qanun-e-Shahadat (10 of 1984), art.133---Civil service---Suit for recovery of outstanding service dues and damages---Limitation---Continuous cause of action---Extent of damages---Fact not cross-examined---Effect---Plaintiff served defendant organization and got release under Voluntary Separation Scheme---Plaintiff sought recovery of his outstanding service dues and damages accrued due to nonpayment of such dues---Plea raised by defendant organization was that the suit was barred by time---Validity---amount earlier payable to plaintiff was withheld by defendant organization---Grievance of plaintiff was a continuous one, therefore suit was neither barred by law nor was time barred---Non-payment of service dues did not only cause monetary losses to plaintiff but was coupled with metal agony---Plaintiff in order to get his legitimate service dues, had to undergo a protracted litigation---Specific assertion of plaintiff about suffering mental agony was not challenged in cross-examination, meaning it was accepted---There could be no yardstick or definite principle for assessing damages in cases which were meant to compensate a party who had suffered an injury---Plaintiff was entitled for a money decree to the extent of amount proved on record and in addition also entitled to damages of Rupees 1,000,000---Suit was decreed accordingly.

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