Case Details

Citation(s)
2018 SLG 2248 2018 SLD 2248 2018 PLJ 302
Islamabad High Court
W.P. No. 1631 of 2017, decision Dated: 29.12.2017. Hearing Date : 21.12.2017.
MOHSIN AKHTAR KAYANI, JUSTICE
Sardar Muhammad Tariq Fareed Gopang, Advocate for Petitioner. Mr. Arshad Mahmood, Superintendent Establishment Division for
Respondents.

RASHID AMEER

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF INTERIOR AND 4 OTHERS

Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Initial Appointment to Civil Posts (Relaxation of upper age limit) Rules 1993, R 3--Civil Servants (APT) Rules 1993, R 12--Recruitment in Counter Terrorism Force--Personnel of Islamabad Police seeking upper age relaxation--Notification of age relaxation issued by Establishment Division---SRO No. 1079/1/93--Minimum age prescribed was 18 to 25 years--Applicability of Respondents invited applications for post of ASI in Counter Terrorism Force, petitioner's application was turned down being over-aged by 4 years, 1 month & 10 days--Inspector General Police denied age relaxation on ground that notification of establishment division does not apply on Islamabad Police Validity--Establishment Division made rules under title Initial Appointment to Civil Posts (Relaxation of Upper age limit) Rules 1993, whereby relaxation in recruitment rules was provided in respect of different candidates--Vide another office Memo, clarification regarding general relaxation of 5 years in upper age limit prescribed in Recruitment Rules was made--Rule 3 of Rules 1993 as well as office Memo clearly establish that any person, who is working in government department and has completed two years continuous service on closing date of receipt of application, 10 years age relaxation is permissible to him, whereas, at time of advertisement for post of ASI, petitioner was 29 years old--Petitioner cannot be deprived from his valuable right, which has accrued in his favor through office memo--Petition was allowed. THIS JUDGMENT DELIVERED BY: MOHSIN AKHTAR KAYANI, JUSTICE---.--- Through this writ petition, the petitioner has assailed the order dated 27.04.2017, passed by Inspector General of Police, Islamabad/Respondent No. 3, whereby application filed by the petitioner for relaxation in age limit to apply for the post of ASI (BPS-11) in Islamabad Police Counter Terrorism Force (CTF) was dismissed on the ground that the petitioner is over aged by 4 years, 1 month and 10 days against the prescribed age limit of 25 years. 2. Brief facts, necessary for disposal of the instant writ petition are that the petitioner is a constable in Islamabad Police and…
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