Law:

Section:

(a) Punjab Civil Servants Act (VIII of 1974)------S. 23---Residual remedial power of the Governor contained in S.23--Limits. Per Nasim Hasan Shah, J.; Muhammad Rafiq Tarar, J. agreeing--The residual power conferred on the Governor under section 23 of the Punjab Civil Servants Act, 1974, extends only to passing a just and equitable order which may benefit the aggrieved civil servant to alleviate his hardship but that such an order cannot impair any of the statutory rights vesting in other civil servants. Thus, in the Punjab where seniority continues to be a vested right, the seniority position of other civil servants cannot be affected while undoing the hardship of another civil servant inasmuch as section 23 confers a power of redressal which does not extend to impairing the statutory rights of others. Per Shatiur Rahman, J.- As regards the residual remedial power of the Governor contained id section 23 of the Punjab Civil Servants Act, the bounty and the generosity of the Governor has been placed under a limit. It is not to be so exercised so as to infringe, impair or curtail any of the statutory rights of the beneficiary himself. This is the recognition and effect of Article 4 and Article 240 of the Constitution. The argument that the exercise of this power can ride rough over the statutory rights of others would amount to negation of rule of law, going beyond the constitutional parameters, subordinating of statutory rights to executive fiat. What follows is that like all authorities, the Governor in the exercise of residual. power is as much to be guided and bound by the law as anyone else except that his bounty and generosity has been made limitless. He can grant as much benefits as he wants to and considers just and fail but not at the cost of others, not even at the slightest cost of the statutory rights already granted to the beneficiary. This is a power of redressal, of providing a relief and not of impairing statutory rights of anyone. Every officer in a graded service has a vested right to a proper place in the seniority list. This is of the highest importance to him, as well as to the maintenance of proper discipline and order within the service, and…

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