Law:

Section:

Government servant (Railway) Promotion by authority com petent to promote temporarily-Promotee unaware of restricted character of such authority-Order reverting Railway servant set aside in circumstances of case-Law of agency and estoppelConstitution of Pakistan (1956), Art. 170. JUDGMENT   MURSHED, J.-Petitioner, Abdul Majid Sardar, joined the Railway Service on 3-11-51 in the Eastern Bengal Railway as a Tally Clerk on a scale of pay of Rs. 60-2-80 after passing the Matriculation Examination. After he bad worked as such for a number of years, the District, Traffic Superintendent, Pahartali, Chittagong, by an order, being No. ES-2 (G)/P11, dated 13-1-59, promoted him to the rank of Ticket Collector on a scale of pay of Rs. ba-4-100-EB-5-120. Upon such promotion he joined his duties as Ticket Collector on 19-1-59, and has since then been working in that capacity and has obtained a number of increments as well. The order by which the petitioner was so promoted, reads as follows: ---   "Office Order Eastern Bengal D. T. S's Office, Railway. Pahartali. 13-1-59.   The following transfer, posting and promotion are ordered with immediate effect on their pay and grades and to the station as noted against each. 3 days joining time is allowed where there are changes of stations. Staff concerned should obtain transfer passes if required at on once. No appeal will be entertained. SI. No. Designation Name and station. Posted to. Pay and Scale. 16. Mr. Abdul MazidSardar. Gr. 11/LRm.   VRTYC/CDR.TC. Rs. 72-(60-120) vice vacancy.   The aforesaid order was communicated to the petitioner, who, in pursuance thereof, joined as Ticket Collector and in this position worked till 27-11-61. He was thus allowed to continue in the post of Ticket Collector for near about three years. He had earned, at least, two increments since his appointment as Ticket Collector.   However, on 27-11-61 the petitioner, along with some other persons, was reverted tothe post of Tally Clerk on a scale of pay of R. 60-2-80. The order by which the petitioner was thus reverted, was also communicated to him.   The petitioner's contention is that, having…