ZAFAR HUSSAIN BHATTI vs LAHORE HIGH COURT, LAHORE Valid order — 2025 PLC(CS) 624 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL

Case information

Citation: 2025 PLC(CS) 624 PUNJAB-SUBORDINATE-JUDICIAL-SERVICE-TRIBUNAL
Year: 2025
Reporter: PLC
Parties: ZAFAR HUSSAIN BHATTI vs LAHORE HIGH COURT, LAHORE Valid order
Subject matter: Service

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

ZAFAR HUSSAIN BHATTI VS LAHORE HIGH COURT, LAHORE Valid order---Right, accrual of---Judicial Officer---Pro forma promotion---Appellant was promoted as District and Sessions Judge (BS-21) on the recommendations of the Provincial Judicial Selection Board, (vide Notification dated 06.08.2012), however, vide subsequent Notification dated 27.09.2016 his promotion was ordered to be withheld from the year 2012 for a period of three years retrospectively---Valid promotion order had already been passed in appellant's favour, which created certain rights in his favour---Power of receding an order is available with the authority before taking a decisive step--- The purpose behind such power is to retrace the wrong steps taken by the authority, with the exception that where the order has taken legal effect and in pursuance thereof certain rights have been created in favour of an individual, such an order cannot be withdrawn or rescinded to the detriment of his / her rights---Principle of animus revertendi or locus poenitentiae demand that when an order is acted upon and certain benefits have accrued to the person concerned under the order, the same cannot be withdrawn with retrospective effect to deprive that person of the accrued rights---Tribunal allowed the appeal against the orders imposing penalty of withholding promotion for a period of three years retrospectively pro forma promotion to the appellant---Appeal, was allowed, in circumstances.

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