Law:

Section:

Civil Service Rules (Punjab), Vol. I, Part I-- ---R. 4.10--Constitution of Pakistan (1973), Art 199--Grant of advance increments--Withdrawal of--No show-cause notice given before rescinding order of advance increments--Effect--Where order of granting advance increments to petitioner had been acted upon, thus taking legal effect, and in pursuance thereof certain rights had been created in his favour, such order could not be withdrawn or rescinded to the detriment of those rights--Grant of advance increments being in conformity with past practice, no exception could be taken in respect thereof­ Impugned order was also violative of the principles of natural justice, as no opportunity was afforded to petitioner to show cause before withdrawing or rescinding the order of grant of increments in his favour--Impugned order of rescission of advance increments was thus declared to be without lawful authority and of no legal effect. JUDGMENT This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, calls in question the decision dated 8-11-1987 of the Governing Body of the Punjab Employees Social Security Institution, and the order dated 14-11-1988 passed by the Commissioner, Punjab Employees Social Security Institution (Head Office, Lahore), whereby the order granting advance increments to the petitioner was rescinded and the same were directed to be recovered from him. 2. Briefly, the facts are that the petitioner was granted two advance increments on account of his good performance by order dated 27-5-1986 of the Commissioner of the Punjab Employees' Social Security Institution (Head Office, Lahore), (hereinafter called the Institution). This order was duly acted upon. In consequence, the petitioner has been drawing his increments and his pay was, accordingly, refixed at Rs.3,615 in BPS-17 by order dated 17-8-1987 of the Commissioner of the Institution. Subsequently, a meeting of the Governing Body of the Institution was held on 8-11-1987 wherein under Item No. 2 of the Agenda of the meeting, it was decided to withdraw the advance increments granted to the staff and the officers of the Institution after 1986, but that granted prior…

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