Law:

Section:

Evacuee Trust Property Board Recruitment and Service Regulations, 1984-------Regln. 3---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Locus poenitentiae, principle of---Applicability---Petitioner was provisionally promoted to the higher post, as there was ban on promotion---Promotion under Regln. 3 of Recruitment and Service Regulations of Evacuee Trust Property Board, 1984, could only be made 50% by promotion and 50% by initial appointment, therefore, provisional promotion granted to petitioner was recalled---Plea raised by petitioner was that on the basis of principle of locus poenitentiae, provisional promotion could not have been recalled by the authorities---Validity---Reservation made in Recruitment and Service Regulations of Evacuee Trust Property Board, 1984 merited compliance unless valid grounds existed to promote the object of law and were in public interest---Ordinarily facts of an individual case would not suffice to displace such a seat reservation formula---Neither conditional terms of provisional promotion order nor existence of ban on promotion could serve as sufficient grounds to ignore reservation made in Recruitment and Service Regulations of Evacuee Trust Property Board, 1984---Fact that order of provisional promotion was acted upon created consequences---Satisfactory work done by petitioner for longer than four years in the promoted post had given rise to a legitimate expectation in the petitioner to retain his rank apart from imposing 'a bar of locus poenitentiae on the authorities because that provisional promotion order was issued by competent authority-High Court directed that Departmental Promotion Committee of authorities would, at the earliest possible, take up for consideration the case of petitioner for promotion on merits---High Court further directed that such exercise would be accomplished within eight weeks, failing which, the petitioner might approach the court to rule on his plea of locus poenitentiae and legitimate expectations in accordance with law---Petition was disposed of accordingly. Muhammad Mubeen v. Salam and others v. Federation of Pakistan PLD 2006 SC 602 ref. Hafiz Tariq Naseem and…

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