1398/2018 Const. P. Ayaz ul Islam (Petitioner) V/S Govt. of Pakistan and Others (Respondent)
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
1398/2018 Const. P. Ayaz ul Islam (Petitioner) V/S Govt. of Pakistan and Others (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 29-APR-25
It is well-settled law that once a promotion order is acted upon and the employee has benefited from it, the order cannot be rescinded or withdrawn, especially if it has created vested rights for the employee. This principle, often referred to as animus revertendi or locus poenitentiae, protects individuals from having their accrued benefits taken away after an order has been implemented. Reference can also be made to the cases of Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi (PLD 1969 SC 407), Capital Development Authority Through Chairman, Islamabad And Others v. Shabir Hussain And Others (2022 SCMR 627) and Mrs. Zeenat Parveen Jaffery versus Secretary to Government of Sind, Education Department and 4 others [1983 P L C (C.S.) 1260].