Law: Balochistan Civil Servants Act, (IX of 1974)

Section: 9

Law: Balochistan Service Tribunals Act, 1974

Section: 4

(a) Balochistan Civil Servants Act (IX of 1974)---   ----S. 9---Balochistan Service Tribunals Act (V of 1974), S.4---Promotion---Appeal to Service Tribunal---Appellants being degree-holders of Bachelor of Engineering in Civil Engineering, were appointed as Sub-Engineers in Irrigation and Power Department---Case of appellants was sent for promotion as Assistant Engineer (BPS-17) in respect of vacancies fallen vacant to the 10% quota for Sub-Engineers holding degree in Civil Engineering prior to induction in government service---Selection Board, however, declined to consider the case of the appellants on the ground of length of service---According to amended appendix, 10% of posts were to be filled by promotion among holder of the post of Sub-Engineers holding the degree-holders in Civil Engineering prior to induction in government service, which did not contemplate any length, of service---Refusal of the Selection Board to consider the appellants for promotion was based on erroneous view as well as misinterpretation of law and seemed to be discriminatory being conflict with the Balochistan Irrigation and Power Department Engineering (Civil, Electrical and Mechanical Grade-16 and above) Service Rules, 1981---Accepting the appeal, Authority concerned was directed to refer the case of appellants to the Provincial Selection Board for promotion as Assistant Engineers.   (b) General Clauses Act (X of 1897)---   ----S. 21---Power of Authority to vary, rescind or cancel order---Principle of locus poenitentiae---Applicability---Power of locus poenitentiae was available to the Government in order to retrace and undo the wrong order till a decisive step was taken---Authority that had power to make an order, had also the power to undo it, but that was subject to the exception that where the order had taken legal effect; and in presence thereof certain rights had been created in favour of any individual, such an order could not be withdrawn and rescinded to the detriment of those rights---Section 21 of General Clauses Act, 1897, postulated that the Authority which passed an order, was competent to vary, rescind or cancel the order passed by the Authority, but…

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