Law:

Section:

Khyber Pakhtunkhwa Initial Appointment to Civil Posts (Relaxation of Upper Age Limit) Rules, 2008--- ----R.3(iii)---Notification No.SOE-II(E&D)2-1/2007, dated 29-1-2011---Constitution of Pakistan, Art.199--- Constitutional petition---Amendment in rules---Retrospective effect---Scope---Petitioner applied for post in question and sought relaxation in upper age limit on the plea that he was employee of development project of Provincial Government---Plea raised by petitioner was that Provincial Government had extended benefit of age relaxation to project employees also---Validity---Closing date for submitting applications for vacancy in question was 15-8-2009, whereas Notification was issued on 29-1-2011, which did not contain any clause indicating that it had retrospective effect---In absence of any such clause, amendment so made in rules was to be held as prospective in nature which was of no help to petitioner and in such eventuality prevalent rules were applicable---Any candidate, who applied for post, in response to advertisement issued by Public Service Commission, would be considered for selection in accordance with prevailing rules---Such candidate could not take benefit of any subsequent amendment in rules unless amendment so made had retrospective effect---Petition was dismissed in circumstances. Government of Khyber Pakhtunkhwa through Chief Secretary and others v. Bilal Ahmad Kakaizai and others 2013 SCMR 890 rel. ORDER MUSARRAT HILALI, J.--- Prayer in this petition is to declare the impugned letter of respondents 1 and 2 dated 22-2-2011 as illegal, unlawful and of no legal effect with direction for holding the petitioner entitled not only for the post of Research Officer but also for requisite age relaxation for appointment against the said post. 2. According to the petitioner, he is a qualified Doctor of Veterinary Medicine and has completed his M.Phil in Veterinary Medicine and Research. Besides, excellent qualifications, he has also been associated as a Veterinary Officer (Research) at Veterinary Research and Diagnostic Center, Abbottabad from 23-9-2007 till 30-6-2008. He has also been working as Veterinary Officer (Research) in the project…

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