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Petitioner: MUHAMMAD ASGHAR RANA VS Respondent: BOARD OF INTERMEDIATE AND SECONDARY EDUCATION, LAHORE
Court Name: Supreme Court of Pakistan Judge(s): Falak Sher, Khalil-ur-Rehman Ramday, M. Javed Buttar Title:MUHAMMAD ASGHAR RANA vs BOARD OF INTERMEDIATE AND SECONDARY
EDUCATION, LAHORE Case No.: C.M.A. No,1613/L of 2003 in C.P.L.A. No,795(L) of 2001 Date of Judgment:2004-10-25 Reported As: 2008 SCMR 663 Result: Petition dismissed Judgment ORDER ' KHALIL-UR-REHMAN RAMDAY, J.--- For the reasons stated in this application, C.M.A. No,1613/L of 2003 is allowed and C.P.L.A. No,795/L of 2001 dismissed for non-prosecution on 2-6-2003 is restored to its original number. 2. The learned Advocate Supreme Court has no objection to the hearing of the main petition today. 3. The writ petition filed by the petitioner in the Lahore High Court was dismissed which dismissal was maintained in the Intra-Court Appeal essentially on the ground that the petitioner having retired in the year 1991 had woken up to question some part of his pensionary benefits after more than nine long years. The Honourable High Court was of the view that such a negligence on the part of the petitioner disentitled him to any relief in equity. The claim of the petitioner was that he was entitled to some increments which had not been allowed to him. The said increments had never been claimed by the petitioner while he was in service nor was the same claimed at the time of his retirement when his pension was fixed and neither did the petitioner feel aggrieved of the same for more than nine years. Needless to add that the law favours the diligent and not the negligent. 4. The learned Advocate Supreme Court has relied upon a judgment of this Court passed in Civil Appeals Nos.1298 of 1995, 3, 4 and 206 of 1998 which is however, distinguishable on facts. 5. In this view of the matter, no exception could be taken to the impugned judgment of the Honourable High Court. This petition is, therefore, dismissed. Leave refused.