Law:

Section:

Civil service------- Imposition of ban on recruitments ---Retrospective application---Scope--­ Appointments made against available posts after fulfilling departmental requirements, when there was no ban on such recruitments ---Subsequent imposition of ban on fresh appointments would not operate retrospectively so as to undo appointments already made against vacant posts and affect-existing rights of individuals---When order had been given effect to and acted upon, then concerned Authority would have no power to rescind same on the principle of locus poenitentiae. Shahbaz v. Crown PLD 1956 FC 46; Mahboob Rabani v. Government of Pakistan PLD 1963 Lah. 53; Adnan Afzal v. Capt. Sher Afzal PLD 1969 SC 187 and Pakistan v. Muhammad Himayatullah PLD 1969 SC 407 rel. Sardar Shakil Hayat. Additional A.-G., N.-W.F.P. for Petitioners. Nemo for Respondent. Date of hearing: 15th April, 2002. JUDGMENT MUHAMMAD NAWAZ ABBASI, J.---This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, has been preferred by the Government of N.-W.F.P. through Secretary C&W Department and three others, petitioners herein, for grant of leave to appeal against the judgment dated 23-10-2001 passed by a Division Bench of Peshawar High Court, Peshawar, in a Constitution petition. The summary of relevant facts is that Communication and Works (C&W) Department, Government of N.-W.F.P., Peshawar, requiring to fill five posts of Research Assistants (BPS-16) in the said department, sent a requisition to the Public Service Commission N.-W.F.P. and the Commission invited applications through publication in the newspapers in December, 1995. The respondent being qualified for the post, also applied and having gone through the process of written test and interview was selected by the Public Service Commission and vide letter dated 17-11-1997 of Public Service Commission was recommended for appointment. The petitioner No. 1 in pursuance of the recommendations of Public Service Commission. with the approval of Chief Secretary N.-W.F.P., appointed the respondent as Research Assistant in the C&W Department, Peshawar, vide order dated 4-2-1998. The respondent having…

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