Law: Punjab Civil Servants Act, 1974 

Section: 4

Punjab Civil Servants Act, 1974 (VIII of 1974)-- ----S. 4--Seniority list--Proforma promotion--Promotion of junior colleagues--Entitlement of--Wrongly publishing of text of S. 8(5) Punjab Civil Servants Act--Guiding principle of justice--Impugned judgment of Service Tribunal is based on an incorrect exposition of law as a result of adverting to a wrongly published gazette notification--Service Tribunal was misled which seriously prejudiced case of appellant who was entangled in a prolonged litigation and deprived of deciding her case swiftly on merits--A wrong order should not be perpetuated by preserving it full of life or stand in way under guiding principle of justice and good conscience--If any patent error on face of it committed as in this case, same must be undone without shifting blame to parties and without further ado being solemn duty of Court to rectify mistake--This Court recapped well-settled proposition of law that parties should not be made to suffer on account of an act or omission on part of Court or other State functionaries--Law should be worn by Judge in his sleeves and justice should be imparted according to law, notwithstanding whether parties in a lis before Court are misdirected and misplaced in that regard--Appeal allowed. [Pp. 324 , 325] A, B, E, F , G Maxim-- ----A patent and obvious error or oversight on part of Court in any order or decision may be reviewed sanguine to renowned legal maxim “actus curiae neminemgravabit” which is a well-settled enunciation and articulation of law expressing that no man should suffer because of fault of Court or delay in procedure. [P. 325] C Administration of Justice-- ----This is a de rigueur sense of duty in administration of justice that Court and Tribunal should become conscious and cognizant that as a consequence of their mistake, nobody should become victim of injustice and in event of any injustice or harm suffered by mistake of Court, it should be remedied by making necessary correction forthwith. [P. 325] D JUDGMENT Muhammad Ali Mazhar, J.--This Civil Appeal with leave of the Court is directed against the judgment dated 20.10.2020 passed by the learned Punjab Service Tribunal, Rawalpindi…

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