Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 212(3)---Leave to appeal was granted by Supreme Court to consider the contention of civil servant that after his regular appointment by Public Service Commission he remained posted in Horticulture Line and was also promoted in Horticulture Line, and in three final seniority lists he was shown in Horticulture Line while none of his colleagues challenged the same for long eighteen years therefore the authorities were not legally competent to revert the civil servant in Plant Breeding Line of the Department. (b) Civil Service--- ---- Incumbent of post changing line---Principles---Incumbent of a post of a line cannot change his line without permission of competent authority---Not permissible to place a person on the strength of a line other than his own line to his disadvantage or without his consent. (c) Sindh Service Tribunals Act (XV of 1973)--- ----S. 4---Constitution of Pakistan (1973), Art.212(3)---Seniority list--¬Change of cadre---Principle of locus poenitentiae---Applicability---Civil servant was appointed in Plant Breeding, Agricultural Research Department of the Provincial Government from- where he was posted as Assistant Cotton Botanist in Agricultural Research Institute---Civil servant had remained in the Institute for eighteen years and his seniority was being maintained in the Institute---Authorities issued a notification whereby they reverted the civil servant in Plant Breeding, Agricultural Research Department---Appeal by the civil servant before Service Tribunal was dismissed---Validity---Mere initial induction in a line would not create a bar to change the line and consequently, the reversion of civil servant to Plant Breeding line on the ground that initially he belonged to that line being detriment to the valuable right accrued in his favour in the Horticulture Line, would not be - justified---If in consequence to an order passed by an authority competent to pass such an order, certain rights were created in favour of a person, such order could not be subsequently undone or withdrawn---Authority being responsible for passing of an order creating certain rights, would not be legally justified to take a…

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