Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-------S. 4---General Clauses Act (X of 1897), S. 21---Constitution of Pakistan, Art. 212(3)---Sanitary Inspector in Cantonment Board absorbed permanently as Food Inspector---Reversion of Food Inspector to post of Sanitary Inspector after he worked on a higher post of Food Inspector for four years---Dismissal of appellant's appeal by Service Tribunal---Validity---Supreme Court granted leave to appeal to consider questions as to whether a civil servant after absorption and promotion to a higher grade and having worked against such post for four years, could be reversed to lower post; whether principle of locus poenitentiae would attract in the case, whether any change in rules or policy could have retrospective effect, and, whether a civil servant could be reverted to a post where reduction in pay would become obvious. 2004 SCMR 1864 rel. (b) Cantonments Pure Food Act (XVI of 1966)--- ----S. 15---Service Tribunals Act (LXX of 1973), S. 4---General Clauses Act (X of 1897), S. 21 ---Constitution of Pakistan, Art. 212---Appeal---Reversion to lower post after working four years on higher post---Sanitary Inspector in Cantonment Board absorbed on permanent basis as Food Inspector by order of Executive Officer dated 15-12- 1996 after completing probation period---Letter of Executive Officer addressed to Director-General, Military Lands and Cantonments Department through Director Military Lands and Cantonments informing him about such absorption of appellant with a request to delete his name from seniority list of Sanitary Inspectors---Deletion of appellant's name from such list by order of Director dated 25-8-1998---Order of Ministry of Defence dated 4-10-2000 annulling appellant's absorption on the ground that only Director as appointing authority had power to do so, but not the Executive Officer---Dismissal of appellant's appeal by Service Tribunal---Validity---Absorption could not be equated with appointment or promotion---Appellant's absorption was not a fresh appointment---Appellant's absorption had been made with implied, if not expressed, approval of Director being competent authority---Effect of accepting Director as…

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