Judgment Text

2007 P L C (C 2007 P L C (C.S.) 152 [Lahore High Court] Before Syed Zahid Hussain, J NEK ALAM CHEEMA Versus ISLAMIC REPUBLIC OF PAKISTAN through Secretary Establishment Division, Government of Pakistan and another Writ Petition No.15491 of 2000, heard on 11th October, 2006. (a) Service Tribunals Act (LXX of 1973)--- ----S. 4---Constitution of Pakistan (1973), Arts.189 & 199---Constitutional petition---Maintainability---Laches---Petitioner being civil servant, sought similar treatment as was meted out to other civil servants in view of the judgment passed by High Court in year, 1982---Contention of authorities was that petition filed by petitioner in year, 2000, suffered from laches---Validity---Petitioner had been making repeated application time and again but without any positive response---Undoubtedly procrastination on the part of authorities was there and delay on their part could not be made a ground for non-suiting the petitioner---Such conduct of authorities could furnish a cause of action for agitating the matter before the Court---Objection raised by authorities to laches was not well founded---Petitioner was justified in seeking similar treatment and implementation of judgment of Service Tribunal---Petition was allowed in circumstances. S. Inamul Haq v. Secretary Establishment Division, Government of Pakistan NLR 1982 Service 236; S.A. Rizvi v. Islamic Republic of Pakistan through Secretary, Establishment Division and 2 others 1991 MLD 1834 and Islamic…