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MUHAMMAD SHARIF JANJUA versus GOVERNMENT OF PAKISTAN


Constitution of Pakistan 1973 Article 199 Life Insurance (National Karan) Order (10 of 1972), Article 12 State Life Employees (Service) Regulations, 1973, Termination of Employment of Regular 22 Service Request, Subject to State Life Employees (Service) Regulations, 1973 According to Regulation 22, canceled by a permanent authority, there is nothing to be complied with in the constitutional petition, filed after a period of approximately 12 to 12 years, that too is subject to a merit petition Were excluded accordingly

1987 P L C (C.S.) 867

[Lahore High Court]

Before Falak Sher, J

MUHAMMAD SHARIF JANJUA

versus

GOVERNMENT OF PAKISTAN through Secretary, Ministry of Commerce, Islamabad

Writ Petition No. 2182 of 1986, decided on 23rd May, 1987.

Constitution of Pakistan (1973)‑‑

‑‑Art.199‑‑Life Insurance (Nationalisation) Order (10 of 1972), Art.12‑‑State Life Employees (Service) Regulations, 1973, Regln.22‑ Termination of service‑‑Petitioner's employment, being subservient to State Life Employees (Service) Regulations, 1973, was terminated by competent authority in adherence to Regln. 22 of said Regulations No illegality, found to have been committed in compliance with the Regulations‑‑Constitutional petition, having been filed after a lapse of about 12 years, also suffering from laches‑‑Petition, having no merit was accordingly dismissed.

S.M. Zafar for Petitioner.

Syed Riazul Hassan Gilani, Dy. A.‑G. for Respondent.

Date of hearing: 23rd May, 1987.

ORDER

The petitioner while working as Director and General Manager "A" Beema Unit of the State Life Insurance Corporation of Pakistan was removed from service by the competent authority in exercise of powers conferred by clause (1) of Article 12 of the Life Insurance (Nationalisation) Order, 1972 (P.O. 10 of 1972) on 12‑12‑1974. He availed of the remedy as contemplated by M.L.O. 23 in the year 1978 without any luck. It is submitted that petitioner thereafter pursued the matter further through certain extra legal applications on the administrative side of the Government which is reported to have met some success but no decision has been taken consequently, this writ petition was filed in May, 1986. It is submitted that if those files are sent for, petitioner will be able to show some male fide. I am not impressed by the arguments of the learned counsel for the petitioner. Petitioner's employment was subservient to the Sate Life Employees' (Service) Regulations, 1973 and by virtue of Regulation 22 was liable to termination at three months' notice or payment in lieu thereof. The competent authority deemed it appropriate to terminate his services on 12‑12‑1974 in adherence to that Regulation and the learned counsel for the petitioner has not referred to any illegality have been committed in compliance therewith. Further this writ petition was instituted in May, 1986 i.e. after a lapse of about 12 years, therefore, independent of the above, it obviously suffers from laches.

In this view of the matter this writ petition has no merits and accordingly is dismissed in limine.

S.Q./M‑327/L

Petition dismissed.

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