2006 PLP (C (PLC(CS))
ZILLA COUNCIL through Administrator and others Versus Mst. NASIRA NAHEED and 2 others
| Citation | 2006 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | N/A |
| Parties | ZILLA COUNCIL through Administrator and others Versus Mst. NASIRA NAHEED and 2 others |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 2006 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP (C (PLC(CS)) (ZILLA COUNCIL through Administrator and others Versus Mst. NASIRA NAHEED and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S.M. Tayyab, Senior Advocate Supreme Court for Appellants.
- Date of hearing: 10th February, 2005.
Headnotes / Summary
(On appeal from the judgment dated 26-3-1998 passed by Lahore High Court, Multan Bench, in Writ Petition No.8298 of 1997).
Lady Health Visitor we king in a District Council was dismissed from service pursuant to some disciplinary action in 1996
Said lady, without, resorting to departmental Authorities through representation etc., wrote a letter to the Lady Judge of the High Court which was converted into writ petition in 1997 as a result whereof she was reinstated
Employee was dismissed from service in 1996
Instead of resorting to the civil Court, in case she was not a civil servant, she opted to write a letter to the Judge High Court which was converted into writ petition in 1997 which resort clearly amended to laches and the High Court had therefore wrongly entertained the writ petition and allowed the same without considering the delay of more than one year and nine months involved thereunder. Respondent in person.
Judgment & Decree
SARDAR MUHAMMAD RAZA KHAN, J.
District Council Multan through its Administrator and others have filed this appeal after leave of Court, against judgment dated 26-3-1998 passed by a learned Single Judge of Lahore High Court, Multan Bench whereby Mst. Nasira Naheed, a Lady Health Visitor was reinstated in service.
2. The respondent Nasira Naheed, while being a Lady Health Visitor in District Council Multan, was dismissed from service pursuant to some disciplinary action on 30-1-1996. Without resorting to departmental authorities through representation etc., she wrote a letter to the lady Judge of Lahore High Court which was converted into writ petition filed on 21-10-1997 as a result whereof the respondent got reinstated.
3. It is undoubtedly settled that the respondent was dismissed from service on 30-1-1996. Instead of resorting to the Civil Court in case she was not a civil servant or instead of resorting to the Tribunal in case she was a civil servant, she opted to writ a letter to the Judge of High Court which was converted into writ petition dated 21-10-1997. This resort clearly amounted to laches and the High Court has therefore wrongly entertained as writ petition and allowed the same without considering the delay of more than one year and nine months involved.
4. In the circumstances, the appeal is accepted and the impugned judgment dated 26-3-1998 of the High Court is set aside. M.B.A./Z-32/SC????????????????????????????????????????????????????????????????????????????????? Appeal allowed.