Law:

Section:

Civil service--- ----Pensionary benefits, entitlement to---Legitimate expectancy, doctrine of---Scope---Illegal adjustment of a civil servant in a post---Fault of senior appointing authority---Whilst the respondent was working as a senior clerk in a Market Committee, the Director General Agriculture, through an order created a post of Accountant (BS-11), in the office of Market Committee to adjust the respondent---Post of senior clerk held by the respondent was abolished, and the respondent commenced his work as an accountant---Creation of the post specifically for the benefit of, and to "adjust" the respondent was illegal, and at the relevant time respondent had not attained promotion to be able to hold the post of an accountant; however, the fact remained that the respondent had, in pursuance of the (unlawful) order, served as an accountant for about 18 years, and his name also found place in the list of accountants---No allegation was made against the respondent that he manoeuvred his way up, or was in any manner instrumental in his being posted as an accountant---Since his posting as Accountant till the date of his retirement, it was never alleged that during such period of almost 18 years he had failed to discharge his duties as an Accountant to the satisfaction of his superiors or there was any complaint regarding his conduct and performance---Employment and retirement benefits were neither a bounty nor largess, but the same had to be earned by performing the assigned job, and discharging the prescribed duties, which criteria the respondent had fully met to the satisfaction of his superiors/employers---As there was no fault of the respondent in being appointed as an Accountant, it would therefore be wholly unjust and unfair if he was made to suffer for the 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 long years, could not now be denied his perks and privileges as such---Payment of such perks, privileges and benefits was also protected under the doctrine of legitimate expectancy, as in the circumstances the respondent was wholly…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492