Law: General Clauses Act, 1897

Section: 21

Law: Constitution of Pakistan, 1973

Section: 185(3)

General Clauses Act (X of 1897)--- ----S.21---Constitution of Pakistan (1973), Art. 185(3)---Civil service--­Principle of locus poenitentiae---Applicability---Government issued a notification whereby promotion of respondents was ordered to take effect after a period . of more than two years---Respondents had enjoyed facilities emanating from the notification when another notification was issued and the facilities ere withdrawn-- -High Court decided the matter in favour of the respondents by holding that on the principle of locus poenitentiae the facilities/privileges could not be withdrawn and also observed that before issuance of second. notification neither any notice was given to the respondents nor opportunity of being heard was afforded to them---Plea raised by the Government was that the second notification was issued to rectify a mistake but failed to point out any mistake in the earlier notification ---Leave to appeal was refused. ORDER NAZIM HUSSAIN SIDDIQUI, J.-The petitioners, under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, have impugned the judgment dated 6-5-1999 of a learned Division Bench, High Court of Sindh, whereby the Constitutional petition of the respondents was allowed. 2. The petitioners on 26th April, 1994 and on end June, 1994 had issued following two notifications:-- "GOVERNMENT OF SINDH" LOCAL GOVERNMENT, PUBLIC HEALTH ENGINEERING RURAL DEVELOPMENT AND KATCHI ABADIES DEPARTMENT SINDH LOCAL GOVERNMENT BOARD No. SLGH/SCUG/AO(ADMN.)/4(1239)/1994 Karachi dated the 26th April, 1994 ORDER In partial modification of this office order No. SLGH/SCUG/AO.II/4 (1076)/91 / 1718, dated 30-5-1991, the promotion of following officers of Sindh Councils Unified Grades Service (Adorn. Branch) from BS-18 to BS-19 is hereby made effect from "29-1-1989" instead of 30-5-1991:-- 1. Mr. Abdul Sattar Sheikh. 2. Mr. Abdul Hakeem Sheikh 3. Mr. Habibullah Memon 4. Mr. Shah Mehmood Hussain Syed SECRETARY TO GOVERNMENT OF SINDH GOVERNMENT OF SINDH LOCAL GOVERNMENT, PUBLIC HEALTH ENGINEERING RURAL DEVELOPMENT AND KATCHI ABADIES DEPARTMENT SINDH LOCAL GOVERNMENT BOARD No. SLGB/SCUG/AO(ADMN.)/4(1239)/1994 Karachi dated the 2nd June,…

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