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2006 PLC (C.S.) 106

ZILLA COUNCIL through Administrator and others vs Mst. NASIRA NAHEED

Citation2006 PLC (C.S.) 106
CourtSupreme Court of Pakistan
Judge(s)Falak Sher, Sardar Muhammad Raza Khan
ResultAppeals dismissed

' 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.

Appeal allowed.

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