Law:

Section:

Civil service------- Conditional transfer---Acceptance of condition by concerned civil servant ---Effect---Estoppel by conduct ---Scope---Approbate and reprobate, principle of---Applicability---Civil servant serving as Deputy Director in special cadre applied for his transfer to general cadre---Application of civil servant was allowed subject to the condition that he would reckon loss in seniority list of the employees in the general cadre---Civil servant accepted the condition and on transfer started serving in the general cadre---Other civil servants serving in special cadre filed Constitutional petitions praying that they were also entitled to be considered for promotion to the post of Director which was not confined to the civil servants of general cadre which petitions were finally accepted---Constitutional petition filed by civil servant who had been transferred to general cadre against the of acceptance of writ petitions was dismissed on the ground that he had already been in general cadre on his transfer from special cadre which transfer order had been acted upon---Civil servant, in circumstances, was estopped by his own conduct to file Constitutional petition and High Court was justified to dismiss the Constitutional petition as nobody should be allowed to approbate and reprobate especially when had prospective and not retrospective effect. Ghulam Sarwar Khan's case 1980 SCMR 566; Ghulam Rasul's case PLD 1971 SC 376 and Muhammad Yousaf's case PLD 1968 SC 101 ref. Ch. Mushtaq Masood for Appellant. Nemo for Respondent. Date of hearing: 2nd July, 2001. JUDGMENT CH. IJAZ AHMAD, J.---Briefly, the facts of the present I.C.A. is that appellant was appointed by the respondents as Deputy Director Research and Evaluation on 9-5-1990. The appellant preferred an application before the concerned authorities that he be transferred to general cadre. The application was allowed by the respondents subject to the condition that the appellant reckoned loss in seniority list of the employees in the general cadre. The appellant accepted the aforesaid condition imposed by the respondents and the appellant started serving in the general cadre. The employees of the…

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