' SHAFIUR RAHMAN, J.-- Leave to appeal was granted against an interlocutory order made by the High Court of Sind on 26-11-1981 to examine whether a petition under Article 199 of the Constitution was competent and whether grant of a temporary injunction was not contrary to the law laid down by this Court in Province of West Pakistan v. Malik Asghar Khan 1971 SCMR 569 and Mashkoor Khan and others v. Province of Sind and others 1971 SCMR 572?
2. The respondent, an employee of the Karachi Port Trust, was retired by the Government of Pakistan in the Ministry of Communications, Ports and Shipping Department, by order dated 20-12- 1980. This Order was challenged by the respondent on numerous grounds by a Petition under Article 199 of the Constitution. An application under Order XXXIX Rules 1 and 2 read with section 151, C.P.C. Was also filed which after contest by the petitioners was disposed of on 26-11-1981, in the following terms:-- "The petitioner No,1 is a qualified hand and no specific act of neglect or mismanagement with regard to the working of the department has been attributed to him. Balance of convenience, therefore, would lie in the continuity of the state of things existing over long years, rather than in disturbing the situation on the basis of the impugned action which is allegedly tainted with mala fides and suffer from want of jurisdiction.
' The petitioner No,1 is also likely to suffer in reputation and his standing in public life would also be affected adversely on account of premature retirement and he would likely suffer an injury of personal nature which would not be compensated in terms of money. Accordingly, he is likely to suffer an irreparable injury as well. We would, therefore, grant temporary injunction as prayed for, till final disposal of the petition. The application is allowed accordingly, with no order as to costs."
3. Mr. Aziz A.Munshi, the learned Attorney-General for Pakistan stated that on the basis of an interim order the respondent has already continued his service for seven years. At this stage he only wants that the Constitution Petition itself be decided and he would be satisfied if indication is given to the High Court that the main petition be itself decided within six months.
4. It is unfortunate indeed that such a matter should come up for hearing after seven years instead of the matter having been finally adjudicated upon by now. At this stage we would not like to go into the merits of the interim order as the fruits of it have been enjoyed too long by the respondent No,1.
5. The appeal is dismissed leaving the parties to bear their own costs, in the hope that it would be possible for the High Court to dispose of the case on merits within six months.