Law:

Section:

(i) Appointment— —Secretary to Provincial Training Board-Appointment of~Claim of--Whether Board had appointed petitioner as Secretary/Advisor of Board-Question of~ It is not disputed that power to appoint servants and officers vests in Board itself and not in its Chairman alone—It is obvious that no decision to appoint petitioner, was taken by Secretary of National Training Board who was of view that power in that behalf vested in Provincial Training Board-Held: Letter of appointment on which much reliance has been placed by petitioner does not confer any right on him having not emanated from competent authority. [Pp.l8,19,2021]A,B,C,DF (ii) Locus Poenitentiae- —Locus Poenitentiae—Principle of—Whether principle is applicable—Question of-There cannot be any cavil that if an order passed by an authority has been implemented or given effect to or has been acted upon, it cannot be subsequently withdrawn to detriment of affected person-Held: No right can be claimed on basis of an order which has no existence in law having been passed by a person not authorised to do so nor any benefit can be claimed on its basis.                           [P.20]E PLD 1962 (WP) Kar,353 and PLD 1989 Lak 196 reL JUDGMENT The petitioner was serving as Director Manpower and Training Punjab, Lahore, in the employment of the Government of Punjab and was also the Ex-officio Member/Secretary of the Provincial Training Board constituted under Section 5 (2) of the National Training Ordinance 19SO by virtue of a notification of the Government of Punjab dated ,30th of July, 1980. By a subsequent notification the Board was reconstituted on 10th of January, 1983. 2. On attaining the age of Superannuation Sardar Hadayat Ullah Khan Mokal the petitioner retired from Government service on 31st of December, 1989. However earlier on 24th October, 1989 the Provincial Training Board considered the proposal for appointment of the petitioner as Secretary to the Provincial Training Board w.e.f. 1st of January, 1990 on the same terms and conditions as were applicable to the post of Director Manpower and Training Punjab from which the petitioner…

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