Law: Constitution of Pakistan, 1973

Section: 199

Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976---   ----R. 3(v)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Relaxation of age limit---Petitioner, who was performing duty as a wireless operator. with Highway Patrolling Police, in response to advertisement filed application for appointment as A.S.-I.---Petitioner, after obtaining permission of Departmental Authority, appeared in examination and was declared successful---Authority vide its letter informed the petitioner that his application had been rejected as he was over age by one year, 9 months and 23 days---Appeal filed by petitioner against said intimation was also been rejected---Validity---Petitioner was in service at time of filing application for his appointment as A.S.-I.---Under provisions of R.3(v) of Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976, in the case of a candidate already working as a government servant the period of his continuous service as such, would for the purpose of upper age limit prescribed under any service rules, of the post for which he was a candidate, would be excluded from his age---Petitioner was within the said permissible age limit when he applied for the said appointment---Allowing constitutional petition, impugned orders of the Authorities were declared to be without lawful authority and being void were set aside---Application of petitioner would be processed in accordance with law.    Muhammad Qasim and 6 others v. Home Department Government of the Punjab through Secretary, Civil Secretariat, Lahore and 2 others 2000 PLC (C.S.) 69 rel. JUDGMENT MAULVI ANWARUL HAQ, J.--- The petitioner is stated to have been recruited as a Foot Constable in the Punjab Police on 4-2-1999. Presently, he is performing duties as a Wireless Operator with the Highway Patrolling Police. In response to an advertisement, dated 2-1-2006 which was got published by the respondent No.1, he filed an application for appointment as an A.S.-I. He also obtained the permission of the departmental authority for this purpose. He appeared in the examination and was declared successful. Vide letter dated…

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