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Petitioner: UMAR HAYAT KHAWAJA VS Respondent: NATIONAL BANK OF PAKISTANHonorable Justice Mrs. Ayesha A. MalikUmar Hayat Khawaja,Ch. Muhammad Ashraf Khan and Umar Abdullah
2014 P L C (C.S.) 871
[Lahore]
Before Mrs. Ayesha A. Malik, J
UMAR HAYAT KHAWAJA
Versus
NATIONAL BANK OF PAKISTAN through President and 2 others
Writ Petitions Nos.1991, 23107, 30394, 24912 and 26449 of 2012, heard on 14th April, 2014.
Constitution of Pakistan---
----Art. 199---National Bank of Pakistan Instruction Circulars Nos.37/99 and 57/99---Constitutional petition---Unutilized Privilege Leave, payment of---Grievance of petitioners (retired officers of National Bank of Pakistan] was that by virtue of National Bank of Pakistan Instruction Circular No.37/99 the Privilege Leave on the unutilized amount was frozen for encashment at the time of retirement; that at the time of their retirement they were not granted said Privilege Leave---Validity---National Bank of Pakistan Instruction Circular No.57/99 provided that frozen unutilized Privilege Leave balance could be claimed up to a maximum of 180 days at the time of retirement subject to availability of funds---Petitioners admitted that Privilege Leave amount for 180 days had been given to them, therefore there was no further amount due to them---Petitioners had filed present constitutional petition after having availed all retirement benefits when all outstanding dues were paid at the time of their retirement at which point no claim for any amount was made---Petitioners retired in the years 2002, 2005, 2006 and 2011 respectively, therefore their claim was also hit by laches as present constitutional petition was filed in the year 2012---Constitutional petition was dismissed in circumstances.
Umar Hayat Khawaja for Petitioner.
Ch. Muhammad Ashraf Khan and Umar Abdullah for Respondents.
Date of hearing: 14th April, 2014.
JUDGMENT
MRS. AYESHA A. MALIK, J.--- Through this single judgment, I intend to decide Writ Petitions Nos.1991, 23107, 30394, 24912 and 26449 of 2012 as all the petitioners seek a direction to be paid their unutilized Privilege Leave (PL).
2. The case of the petitioners is that, they are all retired officers of National Bank of Pakistan. During the course of their employment through a decision made on 16-6-1999 by virtue of Instruction Circular No.37/99, the PL, on the unutilized amount was frozen w.e.f. 31-12-1998 for encashment at the time of retirement. The grievance of the petitioner is that they were not granted this PL at the time of their retirement and they are entitled to the same.
3. Learned counsel argued that petitioners claim the balance PL of their frozen PL, which they are entitled to and in this regard several representations were made. However, nothing was forthcoming from the respondents and ultimately in the year 2011, the respondents denied the petitioners unutilized amount of their PL on the ground that Circular 57/99 subsequently curtails the entitlement to 180 days.
4. Report and parawise comments have been filed by the respondents. Learned counsel for the respondents argued that the petitioner is relying on Circular No.37/99 whereas Circular No.57/99 clearly provides that the frozen PL can be enchashed upto 180 days at the time of retirement subject to availability of funds. He argued that in the case of the petitioners, they have all availed the benefit of PL, for 180 days. Further states that there is no further amount that is due to the petitioners and that at the time of retirement they were given PL for 180 days. Learned counsel further argued that this is specifically provided for in the Instructions Circular 57/99.
5. Heard learned counsel for the parties and reviewed the record available on the file.
6. The issue before this Court is whether the petitioners are entitled to any amount exceeding 180 clays for PL. Learned counsel for the petitioners admits that PL amount for 180 days has been given to the petitioners and that through the instant petitions, they seek the balance unutilized amount. Circular 57/99 in this regard is clear as it is provided therein that frozen PL balance can be claimed upto a maximum of 180 days at the time of retirement. Therefore, the PL amount has been availed by the petitioners and there is no further amount due to them. It is also noted that the petitioner in W.P.No.1991 of 2012 retired in 2006, the petitioner in W.P.No.23107 of 2012 retired in 2005, the petitioner No.2 in W.P.No.26449 of 2013 retired in 2002, and petitioner No.1 in W.P.No.24912 of 2012 retired in 2011. The claim of the said petitioners is hit by laches as the petitions were filed in 2012. Furthermore all the petitioners have filed the instant petitions after having availed all retirement benefits when all outstanding dues were paid at the time of retirement at which point no claim for any amount was made.
7. Under the circumstances, no case for interference is made out, Petitions dismissed.
MWA/U-8/L Petition dismisse