Law:

Section:

(a) Balochistan Civil Servants (Appointment, Promotion and Transfer) Rules, 1979-------Rr. 7 & 8---Balochistan Service Tribunals Act (V of 1974), S.4---Promotion---Appeal---Appellants being degree-holders of Bachelor of Engineering in Civil Engineering were appointed as Sub-Engineers in Irrigation and Power Department---Subsequently the department sent the case of appellants for promotion as Assistant Engineering (BPS-17) in respect of the vacancies fallen vacant to the 10% quota for Sub-Engineers holding degree in Civil Engineering prior to induction in government service---Provincial Selection Board in its meeting, however, declined to consider the case of the appellants on the ground of "length of service "---Departmental representation of the appellant having not been decided, appellants had filed appeal before Service Tribunal---Services of the appellants were governed by Balochistan Irrigation and Power Department Engineers (Civil Electrical and Mechanical Grade-16 and above) Service Rules, 1981, whereby 10% quota of initial recruitment and promotion was prescribed for Assistant Engineers---Said Rules did not contemplate any length of service---Refusal of the Provincial Selection Board to consider the appellants for promotion was based on erroneous view as well as misinterpretation of law; and seemed to be discriminatory being in conflict with the Balochistan Irrigation and Power Department Engineers (Civil, Electrical and Mechanical Grade-16 and above) Service Rules, 1981---High Court accepted appeal by the appellants and directed the Irrigation and Power Department, to refer the case of appellants to the Provincial Selection Board for promotion of the appellants as Assistant Engineers. (b) General Clauses Act (X of 1897)--- ----S. 21---Locus poenitentiae, principle of---Principle of locus poenitentiae was available to the government in order to retrace and undo the wrong order till a decisive step was taken---Authority that had power to make an order had also the power to undo it, but that was subject to the exception that where the order had taken legal effect; and in presence thereof certain rights had been created in favour of any individual such…

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