Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 185(2) & (3)--CPLA--Punjab Agricultural Produce Market (General) Rules, 1979, R. 70(3)--Employee of market committee--Question of "Erratic Posting"--Locus Poententiae--Respondent was senior clerk in market committee was posted on newly created post of accountant due to abolishment of post of senior clerk--Respondent retried as accountant but department issued order of respondent's retirement as senior clerk--Withdrawal of appointment order by department--Denial higher scale benefits--Challenge to--Respondent in pursuance of orders passed by authority served as an accountant and was moved over to BS-12, his name was also found in list of accountants. There is absolutely no allegation, that it was respondent who manoeuvred his way up or was in any manner instrumental in his being posted as an accountant. It is admitted position that since after his posting and till retirement, respondent has throughout worked and discharged his functions as an accountant. It has not even been alleged that during these more than 18 years, respondent has failed to discharge his duties as an accountant to satisfaction of his superiors or gave way to any complaint regarding his conduct and performance. There is no fault of respondent in being appointed as an accountant, it would therefore be wholly unjust and unfair if he is made to suffer for follies and indolence of his superiors, after a lapse of more than 18 years. Respondent having been notified as an accountant and having served as such for more than 18 years, cannot be now denied his perks and privileges, payments of such perks and privileges are also protected under doctrine of legitimate expectancy--Petition was dismissed. Punjab Agricultural Market (General) Rules, 1979-- ----R. 70(3)--Department created the post of Accountant--Retirement on attaining age of superannuation--Entitlement of back benefits--Petitioner has retired upon reaching the age of superannuation, and was thus fully entitled to the pensionary benefits, and the only question was/is as to whether he was/is entitled to compensation/ benefits as a senior clerk or an accountant, and we, in view of the foregoing…

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