Law:

Section:

(a) Civil service------- Grant of advance increments---Withdrawal of---Principle of locus poenitentiae ---Applicability---Four advance increments allowed to civil servant, were subsequently withdrawn and payment received by civil servant was also ordered to be recovered from him---Civil servant had contended that since advance increments had been granted to him for a long period and he was drawing amount of advance increments, he had acquired a vested right respect thereof under principle of locus poenitentiae---Validity---Civil servant was drawing advance increments not on basis of any valid notification/order of Competent Authority but was being allowed the facility without any valid base in form of existence of rules by Competent Authority---Huge amount so received by civil servant in an obscure background, could not be construed to have been received by civil servant in good faith---Said amount was rightly ordered to be recovered from civil servant---Principle of locus poenitentiae which could hold good conditionally in certain matter, was not absolute. PLD 1969 SC 407; 1997 SCMR 15; 1991 SCMR 2330; 1995 PLC (C.S.) 1090 and PLD 1992 SC 207 ref. (b) Administration of justice--- ---- Law and financial discipline must prevail in each and every department/organization, strictly in spirit of golden principle of Islam and law of the land. M. Javaid Aziz Sandhu, Standing Counsel alongwith Pir M. Shah, LO and M. Ashraf Malik, AAO, AGPR, D.R. Date of hearing: 17th November, 1998. JUDGMENT MUHAMMAD AYUB KHAN (MEMBER) ---Arguments have been heard and record perused. 2. The appellant while posted as Deputy Director, Livestock and Poultry Development, Northern Areas, Gilgit, was allowed four advance increments which were subsequently withdrawn from him by order, dated 19-4-1994 and as a result of which the over payment to the tune of Rs.59.106 was shown recoverable in -the, Pay Slip by the Audit Office Gilgit. Feeling aggrieved therefrom the appellant filed a Service Appeal No.282 (R) of 1995 which was disposed of on 24-9-1995 despite being both contested by the then respondents i.e the Secretary, KANA Division, and the Deputy AGPR, Sub-Office Gilgit, and the operative…

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