Law:

Section:

(a) North-West Frontier Province Civil Servants (Appointment, Promotion and Transfer) Rules, 1989-------R.10---N.-W.F.P. Public Service Commission (Functions) Rules, 1983, RA ---N.-W.F.P. Civil Servants Act (XVIII of 1973), Ss.2(b)(ii) & 25--­Rules of Business (N.-W.F.P.), Rr.19; 22 & 25---Constitution of Pakistan (1973), Arts. 199 & 25---Constitutional petition---Doctrine of promissory estoppel and principles of locus poenitentiae---Appointment---Provincial Public Service Commission had recommended the petitioners for recruitment/appointment on "regular basis" much before the Provincial Cabinet decisions to tile effect that the appointments in question be made on "contract basis"---Appointing Authorities without caring for the recommendations of the Service Commission, issued appointment letters of the petitioners on "contract basis"--Validity---Posts which were to be filled in on regular basis could not be converted into that of contract basis with the decision of the Provincial Cabinet without amending/changing the existing Law, Rules and Regulations---Principles---Doctrine, of promissory estoppel and principles of 'locus poenitentiae---Applicability. (b) Qanun-e-Shahadat (10 of 1984)--- ---Art. 114---Estoppel---Promissory estoppel---Doctrine of promissory estoppel need not be inhabited by the same limitations as estoppel in the strict sense of the terms---Doctrine of promissory estoppel is an equitable principle evolved by the Courts for doing justice and there is no reason why the same should be given only a limited application - by way of defence. Pakistan through Ministry of Finance, Economic Affairs and another v. Facto Belarus Tractors Limited PLD 2002 SC 208; Pakistan through Secretary, Ministry of Commerce and 2 others v. Salahuddin and 3 others PLD 1991 SC 546 and Messrs Motilal Padampat Sugar Mills Co. Ltd. v. The State of Uttar Pradesh and others AIR 1979 SC 621 ref. Qazi Muhammad Jamil for Petitioners. Tariq Javed, D.A.G. for Respondents. Date of hearing: 3rd July, 2003. JUDGMENT TALAAT QAYYUM QURESHI, J.---In response to various advertisements published in different dailies by the N.-W.F.P. Public Service Commission the petitioners…

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