Law:

Section:

Constitution of Pakistan (1973)--Art. 212(3)---Promotion to higher grade---Staff Order, placing Assistants, having qualified for promotion in higher grade, indicated that they will be entitled to all allowances and fringe benefits as admissible under the rules from the date of notification with the condition that these civil servants would continue to work as Assistants till vacancies in the Senior Assistant cadre occurred for absorbing them---Authorities, after lapse of three years withdrew the earlier Staff Order and issued another one with different terms ---Validity--­Competent Authority, though had the legal competence to terminate ad hoc appointment for any reason relatable to exigencies of service without a show­cause notice but where the Staff Order showed that civil servants were to continue to work till vacancies in the posts of Senior Assistants occurred for absorbing them, Authority concerned had abused the power vested in it in withdrawing such Staff Order without giving a show-cause notice and principle of locus poenitentiae would not be applicable in circumstances. Khawaja Muhammad Farooq, Advocate Supreme Court and M.A. Zaidi, Advocate-on-Record for Petitioner. Abdul Sattar Chughtai, Advocate Supreme Court for Respondents (in C.Ps. Nos. 1613, 1632 and 1643 of 1998). Date of hearing; 14th June, 1999. JUDGMENT IRSHAD HASAN KHAN, J.---Through this common order we intend to dispose of Civil Petitions for Leave to Appeal Nos. 1599 to 1675 of 1998, arising out of a consolidated judgment, dated 15-10-1998, passed in Appeals Nos.97-L of 1998 to 132-L of 1998 and 143-L of 1998 to 183-L of 1998, by the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal). 2. Brief facts are that vide Staff Order No. 1177, dated 7th November, 1994, the respondents, Senior Assistants (P) having qualified for promotion were placed in the higher grade of Officer Grade-III viz. Rs.2370-200-6370 with effect from 1st July, 1994. It was stated in the above Staff Order that they will be entitled to all allowances and fringe benefits as admissible under the rules from the aforementioned date. It was further observed that they will continue to work as…

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