PLC(CS)N 2017

2017 PLP (C (PLC(CS)N)

TARIQUE HUSSAIN Versus PROVINCE OF SINDH through Secretary to Government of Sindh and 5 others

Jurisdiction / Court
Sindh High Court (Larkana Bench)
Decided Date
Constitutional Petition No.D-45 and M.As. Nos.248, 249 of 2017, decided on 25th January, 2017.
Honorable Judges
Nazar Akbar and Muhammad Saleem Jessar, JJ
Case Reference Summary (AEO Optimized)
Citation 2017 PLP (C (PLC(CS)N)
Forum / Court Sindh High Court (Larkana Bench)
Bench Members Nazar Akbar and Muhammad Saleem Jessar, JJ
Parties TARIQUE HUSSAIN Versus PROVINCE OF SINDH through Secretary to Government of Sindh and 5 others
Primary Law Civil service
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2017 PLP (C (PLC(CS)N)?

This judgment primarily cites: Civil service as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2017 PLP (C (PLC(CS)N)?

The case was heard and decided by the Sindh High Court (Larkana Bench) bench comprising: Nazar Akbar and Muhammad Saleem Jessar, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2017 PLP (C (PLC(CS)N) (TARIQUE HUSSAIN Versus PROVINCE OF SINDH through Secretary to Government of Sindh and 5 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Civil service

Representation

  • Riaz Hussain Khoso for Petitioner.

Headnotes / Summary

Outstanding salary

Constitutional petition

Laches, principle of

Applicability

Claim of petitioner for release of outstanding salaries was with regard to the years 2012 and 2014

Petitioner had not made any request to the higher authority for release of salary for the said period

Documents on the basis of which constitutional petition had been filed did not bear signatures of any of the officer i.e. Accounts Officer or Administrative and Town Officer

Such unsigned document was placed before the Deputy Commissioner

Deputy Commissioner who had no authority to come in the picture had directed to release claim of petitioner in installments

Said document was doubtful and could not be considered by the High Court for any benefits for the petitioner

Constitutional petition had been filed on the basis of documents which did not inspire confidence

Constitutional petition suffered from laches

Dubious documents could not control laches for a period of two years or more

Constitutional petition was dismissed in circumstances

Deputy Commissioner was directed to hold a discrete inquiry with regard to a note in the handwriting and initial of the then Deputy Commissioner

If documents were found false/fabricated then departmental proceedings might be initiated against the petitioner for attempting to obtain order of the court to influence the department to illegally claim release of salaries. [paras 2, 3, 4 & 5 of the judgment]

Judgment & Decree

NAZAR AKBAR, J.

The petitioner has sought the following relief: (a) That this Hon'ble Court be pleased to direct the respondents to release outstanding salaries of the petitioner w.e.f. 01.7.2012 to 25.11.2012 and 01.7.2013 to 31.5.2014, which become an amount to the tune of Rs.2,73,122/- (Two lacs, seventy three thousands, one hundred twenty) without any further delay. (b) That, the Hon'ble Court may further be pleased to direct the respondents not to create any hurdle in respect of release of salary of petitioners in future. (c) . The petitioner is relying on the document dated 07.05.2014 to claim his salary amounting to Rs.2,73,122/= for the period of service spent sometime in 2012 and 2014. The petitioner has not offered any justification for not filing this petition or even making a request in writing to the higher authority for release of salary for said period. However, he has filed annexure B which is a letter of Town Committee Bakrani but it does not bear signatures of any of the officers i.e. Accounts Officer, Administrative Officer and Town Officer and it does not show even date of its preparation. The petitioner has also filed another document as Annexure B-1 which is almost an original copy with initial of Deputy Commissioner Larkana. This is also undated and does not bear signatures of any of the officers whose designations are mentioned on it. On this dubious document, the learned counsel has referred to note of Deputy Commissioner which reads: "AC Bakrani. PI. release in installments keeping in view. Sd/- 17.02.2016 It is also not clear that how this unsigned document was placed before the worthy Deputy Commissioner. However, the Deputy Commissioner who had no authority to come in the picture, has directed to release claim of the petitioner in installments and left the note incomplete since note says "keeping in view" but does not refer to any rule/regulation to be viewed by AC. This document is also one 100% doubtful and cannot be considered by this Court for any benefit for the petitioner. All other documents produced as Annexures A, A-1, B-2, B-3 and C are also undated and unsigned except Annexure A which is dated 17th March, 2014. This petition, on the face of it, has been filed on the basis of documents which do not inspire confidence for even seeking comments from the respondents and this petition suffers from latches. These dubious documents cannot control latches for a period of two years or more. The petition is therefore, dismissed. Copy of this order may be sent to the Deputy Commissioner, Larkana with annexures with direction to hold a discreet inquiry that annexure B-1 carries a note in the handwriting and initial of the then Deputy Commissioner dated 02.2016(sic). And how the Deputy Commissioner can order for payment of bill in installments which has never been passed. At least there was no bill duly passed. If these documents are found false/fabricated, a departmental proceeding may be initiated against the petitioner for attempting to obtain order of the Court to influence the respondents to illegally claim release of Rs.2,73,122/=. Such inquiry or its proceeding be placed in Court through Additional Registrar for perusal in chamber on fortnightly basis. ZC/T-6/Sindh Petition dismissed.