| Case ID |
038f5260-3a49-4e26-abc0-f664b7ae3c3a |
| Body |
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| Case Number |
Civil Petition No.61-P of 2002 |
| Decision Date |
Apr 15, 2002 |
| Hearing Date |
Apr 15, 2002 |
| Decision |
The Supreme Court of Pakistan dismissed the petition filed by the Government of N.-W.F.P. regarding the appointment of the respondent as Research Assistant in the C&W Department. The court held that the appointments made against available posts, after fulfilling departmental requirements, could not be undone by a subsequent ban on fresh appointments. The principle of locus poenitentiae was applied, indicating that once an appointment has been acted upon, the authority could not rescind it. The court directed the respondents to implement the first notification of appointment of the petitioner as Research Assistant without any retrospective effect from the date of the ban. |
| Summary |
In the case of Civil Petition No.61-P of 2002, the Supreme Court of Pakistan addressed the issue of retrospective application of a ban on recruitments in the Communication and Works (C&W) Department of N.W.F.P. The petitioner, the Government of N.W.F.P., challenged the Peshawar High Court's decision that had allowed the appointment of Jamal Abdul Nasir as a Research Assistant. The court emphasized the importance of adhering to the principles of administrative law, particularly regarding the validity of appointments made when no ban was in place. The decision reinforced the legal understanding that once an administrative order has been acted upon, it cannot be rescinded. This case highlights significant aspects of employment law, particularly in the context of public service appointments and the legal implications of administrative decisions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Public Service Commission N.-W.F.P.,
Communication and Works Department
|
| Judges |
SH. RIAZ AHMED, C.J.,
MIAN MUHAMMAD AJMAL,
MUHAMMAD NAWAZ ABBASI, J.
|
| Lawyers |
Sardar Shakil Hayat, Additional A.-G., N.-W.F.P.,
Nemo
|
| Petitioners |
3 others,
SECRETARY OF GOVERNMENT OF N.W.F.P., C & W DEPARTMENT
|
| Respondents |
JAMAL ABDUL NASIR
|
| Citations |
2003 SLD 1010 = 2003 PLC 977
|
| Other Citations |
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,
Pakistan v. Muhammad Himayatullah PLD 1969 SC 407
|
| Laws Involved |
Constitution of Islamic Republic of Pakistan, 1973
|
| Sections |
Not available
|