Law: Service Tribunals Act, 1973

Section: 4

Service Tribunals Act, 1973 (LXX of 1973)-- ----S. 4--Appoint on temporary basis--Regularization of service--Advance increments were granted--Issuance of notification--Withdrawal of increments--Recovery of amount in lieu of advance increments--Filing of departmental appeals--Pendency of appeals--Advance increments remained in field since 20 years, but same was withdrawn on objection of Respondent No. 2 without any cogent reasoning--Advance increments scheme was allowed to all employee of BS-1 to 15 without respect to condition of second Division in BA vide Finance Division Notification dated 29.6.1991 circulated by Director General, Pakistan Post, Islamabad vide Circular No. 4 of 1991--It is well settled principle of locus poemtantiae that once benefit granted cannot be withdrawn or rescinded--Worth-noting point is that qualification allowance is going to be granted to appellants under some specific Notifications/Orders, which were not derived by appellants through fraud, or misrepresentation--If there was any fault that is on part of Department, appellants in resultant of that may not be saddled with liability of depositing back qualification allowance/increments to respondent-Department, under principle of locus poenitntiae--Consequently, respondent-Department is not competent to recover said paid benefits, hence in light of aforesaid facts--Appeals were accepted.   [Pp. 46, 49 50] A B 2019 SCMR 643 ref. Judgment Ch. Shahid Naseer, Member.--All the above cited seven appeals are going to be disposed of through the instant consolidated judgment, as the same are more or less carry the identical facts. 2. Briefly stated, the appellants were granted four advance increments on acquiring higher educational qualification which were subsequently objected upon by the Respondent No. 2, without any cogent reason and the said increments were withdrawn by the Respondent No. 3, vide impugned Office Order dated 12.5.2016, which is as under: “During the scrutiny of service books of Sargodha GPO, pay fixation and service verification party O/o DA, PPO Lahore, Camp at Sargodha GPO has raised an objection that the following officials have been granted four increments…

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