| Citation(s) |
|---|
| 2018 SLG 676 2018 SLD 676 2018 PLC 292 |
C.P. No. 434 of 2015, decision Date : 28-3-2017, hearing Dates: 12th, 19th, 23rd May, 6th June, 15th, 16th, 20th and 23rd December, 2016.
Baz Muhammad Kakar and Abdul Ghani Khilji for Petitioner. Aminuuddin Bazaj, Deputy Attorney General for State. Fayaz Aslam Dar for
Respondents Nos.2 and 3.
FATIMA
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF COMMERCE, ISLAMABAD AND 2 OTHERS
Law:
Section:
(a) Civil service--- ----Withholding of appointment due to restraining order of National Industrial Relations Commission---Locus poenitentiae, principle of---Applicability---Legitimate expectation, doctrine of---Promissory estoppel, doctrine of---Applicability-Petitioner was finally selected for appointment but appointment letter was not issued due to restraining order passed by the National Industrial Relations Commission---Validity---Once process of selection was completed in an ordinary manner, same could not be upset in an arbitrary manner---Process of recruitment was completed and all decisive steps had been taken for petitioner's appointment---Right had accrued to the petitioner for job against vacancy for which she had been selected---Any lapse or delay in executing formality would not render such process incomplete---Department had no power of locus poenitentiae to retract their steps---Department could have retracted its steps till such time that the merit list had not left the fold of their office---Once merit list was made public creating right in favour of petitioner then power of department to withheld the same had been taken away by law---Issuance of appointment letter was only consequential step which at the best be termed to be ministerial---Petitioner had been selected after securing the highest marks---Candidate developed legitimate expectation to be considered for appointment as soon as the lis before the National Industrial Relations Commission attained finality---Neither qualification for the post in question was altered nor post was abolished by the public authority---No valid reason had been rendered for denying the appointment to the petitioner---Public authority under the doctrine of promissory estoppel was bound to fulfill its promise to the citizen with regard to her inalienable right---Doctrine of legitimate expectation would come into play, in circumstances, and petitioner was entitled to get the benefit thereof---Ban imposed subsequent to the selection could not take away the right of the petitioner which had already accrued to her---Ban if any could at the best be applied retrospectively---No impediment or ban existed in employing…
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