NAEEM RIZWAN vs GOVERNMENT OF PUNJAB Locus poenitentiae, principle of — 2023 PLC(CS) 1176 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PLC(CS) 1176 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PLC
Parties: NAEEM RIZWAN vs GOVERNMENT OF PUNJAB Locus poenitentiae, principle of
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NAEEM RIZWAN VS GOVERNMENT OF PUNJAB Locus poenitentiae, principle of---Scope---Terms and conditions of contractual employment, withdrawal of---Scope---Petitioners assailed order passed by department whereby it had refused to make payment of salary in accordance with the terms and conditions of the appointment letters---Contention of department was that the petitioners were not entitled to receive the allowances as provisions for protection of pay inserted by vide paragraph (2)(2)(ii) of Contract Appointment Policy, 2004, was omitted before the petitioners were appointed on the basis of contract---Validity---Department was fully aware while entering into contact with the petitioners that earlier notification for pay protection was withdrawn, still they offered the terms related to pay protection to the petitioners which were accepted by them and they left their regular service to join as contract employees subject to terms and conditions mentioned in the contract---As decisive steps had been taken by the petitioners upon representation of the department by converting their regular appointment to contract appointment, on the basis of locus poenitentiae, the respondents were not justified to unilaterally withdraw the terms of contract offered by them to the petitioners---Withdrawal of pay protection at subsequent stage was without any legal justification and was, therefore, declared to be without lawful authority and of legal effect with the observation that both the parties were bound by terms and conditions of contract settled between them---Impugned order was set aside and the constitutional petition was allowed.

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