Law:

Section:

North-West Frontier Province Civil Servants Act (XVIII of 1973)-------S. 5---General Clauses Act (X of 1897), S.21---Constitution of Pakistan (1973), Art.199---Constitutional petition---Appointment---Locus poenitentiae, principle of---Petitioners, in response to advertisement, had applied for appointment on posts of P.T.C. female teachers, and after qualifying the test and interview were appointed as P.S.T. Teachers vide order for a period of three years---Petitioners assumed their charge and duty and had been working against the said posts since then---Subsequently before expiry of said period of three years, authorities again invited applications for the same posts for appointment on contract through advertisement---Petitioners had challenged said subsequent advertisement in their constitutional petitions contending that when petitioners were appointed on contract against vacant posts of P.S.T. for a period of three years, no fresh applications for appointment on contract against such posts could be invited before the expiry of said three years---Counsel appearing on behalf of authorities by referring to S.21 of General Clauses Act, 1897, had contended that where a power was conferred on a functionary or Authority to pass an order, it also would include a power to add, to amend, vary or rescind that order---Counsel for authorities further stated that order rescinding the appointments, was not open to any interference---Validity---Provisions of S.21 of General Clauses Act, 1897, undoubtedly, had provided that power to pass an order included the power to amend, vary or rescind it, but that power being enshrined in the principle of locus poenitentiae, could not be exercised where the order passed was acted upon and a valuable right had accrued in consequence thereof---Authorities, in circumstances, had no power to rescind or recall the order before expiry of contracted period of three years---Act of authorities, inviting applications before expiry of three years, was declared without jurisdiction and lawful authority, holding that petitioners were entitled to retain the posts till the expiration of stipulated period of .three years. Muhammad Nawaz v. Federation…

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