Law:

Section:

North-West Frontier Province Civil Servants (Regularization of Services) Act (I of 1988)------S. 13---General Clauses Act (X of 1897), S.21---Regularization of service---Effect---Locus poenitentiae, principle of ---Applicability---Once the Competent Authority conceded the regularization of service of a civil servant by virtue of S. 13 of the Act, it created valuable rights in favour of civil servant which, under the rule of locus poenitentiae, could not be reversed by taking contradictory pleas at different times before different forums--­ Authorities could not approbate and reprobate in the same breath about the same matter and having regularized the services of civil servant could not take the plea that he was ad hoc temporary employee whose services could be terminated. Secretary to Government of N.-W.F.P. Zakat/Social Welfare Department, Peshawar and another v. Sadullah Khan 1996 SCMR 413 ref: Talat Qayyum Qureshi, Additional Advocate-General, N.-W.F.P. and Haji M.A. Qayyum Mazher, Advocate-on-Record for Petitioners.. Fateh Muhammad Khan, Advocate Supreme Court and K.G. Saber, Advocate-on-Record for Respondent. Date of hearing: 28th January, 1999. ORDER MUHAMMAD BASHIR JEHANGIRI, J.---This petition for leave to appeal is from the order of a learned Division Bench of the Peshawar High Court, Peshawar, dated 12-6-1997 whereby Writ Petition No.17 of 1995 filed by the respondent/civil servant was accepted and the impugned order of termination from service, dated 1-1-1995 was annulled. 2. The facts of the case as they glean from the record are that the respondent who had obtained his degree in M.A. (History) was appointed on ad hoc basis vide order, dated 30-8-1987 against a temporary post in the office of petitioner No.l. The respondent claimed that his services stood regularized by virtue of the provisions of N.-W.F.P. Civil Servants (Regularization of Service Act (I of 1988) (hereinafter called as the Act) promulgated on 23-1-1988. The respondent further urged, that one Taj Muhammad had challenged the respondent's appointment in Service Appeal No.76 of 1988 wherein the stance taken by the petitioners was that the respondent's services had been regularised by…

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