Law:

Section:

(a) Punjab District Subordinate Service Rules, 1942- ---West Pakistan Revenue Department Ministerial (District Cadre) Service Rules, 1964, R. 9--Seniority--Officials belonging to colonization office in Thal Development Authority--Three phases of transfer of work of colonization from Thal Development Authority to Government till complete merger--In first phase work taken from T.D.A. and placed under Colonization Officer in T.D.A. office created by Government from 1-6-1957--In second phase work placed under control of District Administration on 1-7-1970--In third phase work completely merged in District Administration on 2-1-1979--Staff taken in Government service from T.D.A. from 1-6-1957 remaining separate group dealing with functions specified in first phase--Staff remaining separate entity m phase second though its administrative control given to Deputy Commissioners/ Commissioners--No order issued by Government about making such staff as members of Divisional or District Cadre till merger of such staff on 2-1-1979 in District Administration--Held: (1) such staff simply by virtue of their entry into Government service on 1-6, 1957, could not become members of service under Punjab District Subordinate Service Rules, 1942 and (ii) such staff could have been deemed to have been made members of service by-initial recruitment from date of merger i.e. Z,-1-1979 and could have enjoyed seniority from that date accordingly and not from any date prior thereto. (b) Civil service. ---Locus poenitentiae, principle of--Powers to recede--Promotions made on ad­ hoc basis and purely temporary--Such orders, did not create irrevocable right and reversion would not attract principle of locus poenitentiae--Order passed on basis of erroneous determination of seniority position--Competent authority, held, had plenary powers to rectify mistaken view taken earlier. PLD1969SC407;1981SCMR523andPLD1983SC100ref. Syed Jamshed Ali for Appellants. A.G. Hamayun, D.A. for Respondents Nos. 1-2 (in both Appeals). Muhammad Akbar Cheema for Respondent No. 3 in Appeal 656/929 of 1986) JUDGMENT CHAUDHARY ABDUL RASHID (MEMBER).--These two appeals under section 4 of the Punjab Service Tribunals Act…

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