Law:

Section:

(a) Civil service--- ----Absorption---Valuable right in favour of employee, accrual of---Locus poenitentiae, doctrine of---Respondent was absorbed as Guard Grade-I in Pakistan Railways vide notice dated 06.08.2012, but, after a lapse of six years, he was denied the absorption vide another notice dated 02.08.2018 when certain valuable rights had already accrued in his favour which could not be denied keeping in mind the principle of locus poenitentiae---Record reflects that the department before the Service Tribunal failed to justify the action of rescinding the earlier order issued in favour of respondent, therefore, the Tribunal reached the correct conclusion that the respondent was discriminated against and the action taken against him was illegal and as a consequence thereof, the service appeal was allowed---Petition for leave to appeal was dismissed and leave was refused. (b) Locus poenitentiae, doctrine of--- ----Power of rescission---Scope---Such power remains with the relevant authorities to undo the action till a decisive step is taken or as long as certain rights are not created or the action is found to be patently illegal. (c) Civil Procedure Code (V of 1908)--- ----O. XXII, R. 1---No abatement by party's death, if right to sue survives---Scope---Deceased person cannot be a party to any legal proceeding and, on his death, legal proceedings are suspended until and unless his legal representatives are impleaded and swapped as party provided that the cause of action survives which is indeed a prime consideration to declare any legal proceedings abated before the final adjudication---By and large, the right to sue survives except the right to sue which is closely associated with the individual or is a personal right of action. JUDGMENT MUHAMMAD ALI MAZHAR, J.---This Civil Petition for leave to appeal is directed against the Judgment dated 16.04.2021 passed by the Federal Service Tribunal, Islamabad ("Tribunal") in Appeal No.2137(R)CS/2018 and M.Ps. Nos. 2262/2018 and 215/2019 whereby the Appeal filed by the instant respondent was accepted and the impugned order dated 02.08.2018 was set aside with the direction to the petitioner-department to permit the…

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