Law:

Section:

Civil service--- ----Higher selection grade (BPS) granted due to fault of department---Whether salary and benefits paid due to such fault/error could be recovered---Locus poenitentiae, principle of---Estoppel---Petitioner (civil servant) was appointed as senior auditor in BPS-11---Subsequently petitioner was erroneously granted selection grade BPS-15 and started getting pay of such selection grade---Once the department realized its mistake, it reverted the petitioner back to BPS-11 and sought recovery of salary and benefits paid to him on the principle of locus poenitentiae---Held, that for almost 9 years the petitioner served in selection grade BPS-15 and received the emoluments and benefits of such post---Selection grade BPS-15 was granted to the petitioner by the department itself and the petitioner apparently had no role in obtaining suc9h post---When the petitioner performed the work of a higher post of selection grade BPS-15 for almost 9 years, then on the principle of locus poenitentiae the benefits paid to him, could not be recovered as said principle would not apply---Further the principle of estoppel would be applicable in the present case against the department from recovering the emoluments and benefits of BPS-15 from the petitioner---Petition for leave to appeal was converted into appeal and allowed. Engineering-in-Chief Branch through Ministry of Defence and another v. Jalaluddin PLD 1992 SC 207 and Mst. Sajida Javed v. Director of Secondary Education, Lahore Division and others 2007 PLC (C.S.) 364 ref. THIS ORDER PASSED BY: GULZAR AHMED, J.--- The petitioner was appointed as Senior Auditor in BPS-11 and was granted selection grade BPS-15 on the basis of MAG letter dated 15.11.2006. The selection grade was granted to 136 Senior Auditors and the name of the petitioner appeared at Sr. No.109 of the list of said Senior Auditors. Pay was fixed vide letter dated 21.12.2006 pursuant to which the petitioner started getting pay of selection grade BPS-15. Vide letter dated 11.02.2015, the pay of the petitioner was refixed in BPS-11, on cancellation of his selection grade of BPS-15, which was erroneously granted to him w.e.f. 25.03.1996. This letter was…

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