| Citation(s) |
|---|
| 2019 SLG 2572 2019 SLD 2572 2019 PLJ 172 |
Peshawar High Court
Writ Petition No. 830-P of 2019, decision & hearing Dated: 21.05.2019.
IKRAMULLAH KHAN, JUSTICE MS. MUSARRAT HILALI, JUSTICE
Petitioner(s) by: Mr. Amanullah, Advocate
Respondent(s) by: Mr. Rab Nawaz Khan, AAG
Writ Petition No. 830-P of 2019, decision & hearing Dated: 21.05.2019.
IKRAMULLAH KHAN, JUSTICE MS. MUSARRAT HILALI, JUSTICE
Petitioner(s) by: Mr. Amanullah, Advocate
Respondent(s) by: Mr. Rab Nawaz Khan, AAG
MATIULLAH & ANOTHER
VS
KHYBER PAKHTUNKHWA PUBLIC SERVICE COMMISSION, PESHAWAR
Law: Constitution of Pakistan, 1973
Section: 4,18,19A,25,199
Law: Khyber Pakhtunkhwa Initial Appointment to Civil Posts (Relaxation of Upper Age Limit) Rules, 2008
Section: R.3,4
Constitution of Pakistan, 1973-- ----Art. 199--Khyber Pakhtunkhwa Initial Appointment to Civil Posts (Relation of Uper Age Limit) Rules, 2008, Rr. 3 & 4--Application for post of Assistant sub-inspector police--Age limit--Relaxation in uper age limit and residence of backward areas--Applicants were serving in police department more than two years--Entitlement for age relaxation--Rejection of applications--Direction to--One of petitioner, namely Ijaz Ahmad, as per available record had been appointed as Police Constable on 03.04.2010 and in this regard, copy of his service card is annexed with petition, reveals that he had already served police department for more than two years, while co-petitioner namely Mati-Ullah is appointed on 15.10.2014--Both petitioners are bonafide residents of District Dir Lower which is a backward area, defined thereunder Appendix attached to Rules, 2008 and candidates hailing from backward area, they are entitled for three years automatic age relaxation as per Rule 3--Keeping in view aforestated age limit, petitioners being bonafide residents of District Dir, are entitled for automatic age relaxation for 10-years as well as 03-years maximum upper age relaxation upto 13-years--Petition was allowed. THIS JUDGMENT DELIVERED BY: IKRAMULLAH KHAN, J.- Through the instant Constitutional Petition, petitioner has invoked the jurisdiction of this Court, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for the following relief:-- "It is, therefore, most humbly prayed that on acceptance of instant Writ Petition in hand, i. The list of Rejected Overage Candidates to the extent of Petitioners of the Respondents 01 to 03 may very graciously be declared as incorrect, illegal, without substance, without lawful authority, violation of Khyber Pakhtunkhwa Public Service Commission Ordinance/Regulation/Notification and in violation of the fundamental principles as enshrined in Articles 4, 18, 19-A and 25 of the Constitution of Islamic Republic of Pakistan, 1973. As such, liable to be declared so. ii. Consequently, declare Petitioners being eligible candidates for the post of Assistant Sub-Inspector and Respondents may very…
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