Law:

Section:

(a) West Pakistan General Clauses Act (VI of 1956)-------S.21---Principle of locus poenitentiae---Applicability---Claiming of right on the basis of illegal order---No right can be claimed on the basis of illegal order and such order despite having taken effect, would neither change its status nor create any right enforceable in law in the light of principle that the Authority which possesses the power of passing an order is, also empowered to vary, amend or rescind that order---Once a legal order is given effect, the Authority would lose the power to retrace its steps---Legal order which creates some right' in favour of a person on taking effect cannot be withdrawn, rescinded and withdrawn at any subsequent stage---Principle embodied in S.21 of West Pakistan General Clauses Act, 1956, cannot be made applicable equally to all legal and illegal orders---Distinction exists in benefit derived under a legal order which is recognized in law as a legal right whereas the benefit arising out of an illegal order cannot be given such recognition. (b) Service Tribunals Act (LXX of 1973)---- ----S.4---West Pakistan General Clauses Act (VI of 1956), S.21--­Constitution of Pakistan (1973), Art. 212(3)---Higher pay scale, withdrawal of---Recovery of over payments---Principle of locus poenitentiae--­Applicability---Civil servant was appointed in Basic Pay Scale-7 and subsequently he was placed in Basic Pay Scale- 11---Authorities withdrew the notification of higher pay scale and directed recovery of over payments made to the civil servant during the period of his working in higher pay scale--­Service Tribunal maintained the order passed by the Authorities and dismissed the appeal---Plea raised by the civil servant was that the Authorities could not withdraw the benefit of higher pay scale---Validity--­Civil servant obtained the financial gain under the orders of Competent Authority and principle of locus poenitentiae would not be attracted qua the order relating to the, recovery of pay and allowances already paid to him--- Order to the extent of recovery of pay and allowances was unjust and the same was set aside---Supreme Court directed the Authorities that no recovery would…

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