5269/2019 Const. P. Ghulam Murtaza (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

Sindh High Court2021

Bench: Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Agha Faisal(Author)

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5269/2019 Const. P. Ghulam Murtaza (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court Bench: Hon'ble Acting Chief Justice Mr. Justice Irfan Saadat Khan, Hon'ble Mr. Justice Agha Faisal(Author) Order Date: 13-DEC-21 It has already been admitted before us that the petitioners claim is in respect of unpaid salary and its implication on post retirement dues. Such a claim has been found by the superior courts to be a cause of action of a recurring nature. Even otherwise, the law of limitation envisages exclusion of time expended in bona fide proceedings before a court devoid of primary jurisdiction. We are sanguine that any learned civil court of competent jurisdiction would consider the issue of limitation guided by the principles illumined by the superior courts and would never endeavor to non-suit a supplicant if the same would prima facie perpetuate injustice.
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