Law:

Section:

Civil Servant (Appointment, Promotion and Transfer) Rules, 1973-- ----R. 3(2)--Civil servant--Directive policy decision expressed through memorandums/notifications were not applicable--General benefit of age relaxation--Issuance of appointment letter--No relaxation in age was required in view of policy decision age limit was revised from 25 years to 35 years--Educational qualification upper age limit--Validity-Such directive/policy decision expressed through memorandums/notifications were not applicable to die respondents--Age relaxation of upper age limit for direct recruitment to advertised post in directorate of education in GHQ, which is also under Federal Government, has not been denied by respondents--Such benefit cannot be denied without any justifiable reason, which regretfully was not brought to notice of Supreme Court--Once a right is accrued to appellant by appointment letters issued after complying with all codal formalities could not be taken away on mere assumption and or supposition and or whims and fancy of any executive functionary--Such right once vests, cannot be destroyed or withdrawn as legal bar would come into play under well doctrine of locus poenitentiae, well recognized and entrenched in our jurisprudence. THIS JUDGMENT DELIVERED BY: Mushir Alam, J.- Instant Civil Appeal is pursuant to leave granting order dated 7.12.2011 which reads as follows: "Inter alia contends that the learned Service Tribunal did not appreciate that in terms of Chapter II of National Command Authority Rules, Para 7 (k), for initial appointment, the age prescribed was "not be less than 18 years or more than 35 years of age". However, it was specifically stipulated therein that the said limit "may be relaxed in exceptional cases upto the maximum of forty five years by the Competent Authority as mentioned in the Delegation of Powers". 2. Having heard petitioner's learned counsel at some length, leave is granted inter alia to consider whether while dismissing petitioner's appeal, the learned Tribunal considered the afore-referred." 2. Facts that form basis for the above order appear to be that Appellant aggrieved by judgment dated 14.1.2011 passed by the Federal…

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