Law:

Section:

Administration of Justice-- ----It remains always a legal and moral obligation of all to abide by and to maintain the sanctity and dignity of the judicial pronouncements of the superior judiciary. [P. 116] E General Clauses Act, 1897 (X of 1897)-- ----S. 21--Principle of locus poenitentiae--Appointment--Quota policy--Qualification--Not challenged--Not protest--Appointment letter was issued to the appellant, there was not any protest to any official quarter including FPSC; and he was allowed to complete his training, qualify FPOE conducted by the FPSC and join his duties in ICT--Held: No body challenged his appointment; thus the principle of "locus Poenitentaie" was fully applicable to his case as he had got a vested right in continuing with the job on the strength of the established law. [P. ] K 2003 SCMR 1128 ref. Government Servants (Efficiency & Discipline) Rules, 1973-- ----R. 10--Civil Servants Act, (LXXI of 1973), S. 11--General Clauses Act, (X of 1897), Art. 24-A--Constitution of Pakistan, 1973, Arts. 4, 25, 27, 29, 199 & 185--Service matter--Maintainability of appeal--Principle of res judicata--Termination of service--Principle of estoppel--Principle of locus poenitentiae--Vested right, creation of--Induction of officers of Armed Forces into civil service--Scope and criteria--Assailed--Non-allocation/non-induction of appellant--Principle of locus poenitentiae is applicable to civil servant after two years of appointment actual service--Legal opinions rendered by Law & Justice--Principle in favour of quota policy against policy of open merit--Entitlement to adjust against seat allocated to Urban Recruitment to be made on basis of quota or open merit--Civil servant was, entitled to continue in service as a nominee of a PAF with Punjab domicile against the seat misallocated to AJK, coupled with the fact that he had got an accrued right after rendering service for two years--Alternate remedy in present case, involving terms and conditions of service, was before the tribunal, to the exclusion of any other forum--Controversy of misallocation of quota had neither been settled in any of the s delivered in such case so far nor categorically ruled out…

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