Law:

Section:

Civil Servants Act (LXXI of 1973)-------Ss. 8 & 9---General Clauses Act (X of 1897), S.21---Promotion and seniority---Locus poenitentiae, principle of---Past and closed transaction, principle of---Applicability---Appellant was employee of Provincial Government who was absorbed in Federal Government and was given seniority from the date when she was absorbed---Validity---Such absorption was confirmed and declared valid by superior courts in past litigation thus matter had become past and closed transaction, not to be challenged and re-agitated---Government could not take benefit of its own illegalities and if competent authority was of the view that some higher authority had no jurisdiction, such authority should have shown courage to disobey the order---Once it was not done, the step so taken could not be subsequently retraced by Government if the incumbent otherwise was eligible for benefit so granted---Nobody could doubt eligibility of appellant keeping in view of her past service record and qualifications---Supreme Court converted petition for leave to appeal into appeal and set aside passed by Division Bench High Court and restored that of Judge in Chambers of High Court whereby appellant was declared permanent employee of Federal Government---Appeal was allowed. The Engineer-in-Chief Branch through Ministry of Defence, Rawalpindi and another v. Jalaluddin PLD 1992 SC 207 and Nazir Ahmad Panhwar v. Government of Sindh through Chief Secretary Sindh, and others 2005 SCMR 1814 distinguished. Wasim Sajjad, Senior Advocate Supreme Court with Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Mrs. Naheeda Mehboob Elahi, Deputy Attorney-General with Raja Abdul Ghafoor, Advocate-on-Record and Zamir Naqvi, Law Officer, PIMS for Respondents Nos.1 and 2. Hafiz S.A. Rehman, Senior Advocate Supreme Court for Respondent No.3. Date of hearing: 28th November, 2008. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Dr. Nighat Bilal seeks leave to appeal from the judgment dated 30-4-2008 of a learned Division Bench of Islamabad High Court, Islamabad exercising appellate jurisdiction in Intra-Court Appeal against the judgment dated 30-10-2002 passed by a learned Judge in…

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