Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Civil Servants Act, 1973

Section: 26

Constitution of Pakistan, 1973-- ----Art. 212(3)--NWFP Initial Appointment to Civil Posts (Relaxation of Upper Age Limit) Rules, 2008 (Amending Rules)--Initial Appointment to Civil posts--Petitioner was qualified examination of patwari--Over aged--Relaxation of upper age limit allowed by High Court--Challenge to--Non Issuance of notices to respondents--Non consideration of law & rules--Violation of law--Opportunity of hearing--Direction to--In entire body of orders of High Court no law or rule appears to have been considered on basis of which petitioners in said petitions were claiming relief and Court passed order merely on asking of petitioners in Writ Petitions without bothering to note or examine as to whether petitioners were at all entitled to relaxation of upper age limit or not under relevant law and rules made thereunder--Even notification dated 01.01.2010 was not considered--Same mistake has been committed while passing order dated 05.10.2018 in above Writ Petition NO.1199-P of 2018--These two orders dated 06.12.2017 and 05.10.2018 are in grave violation of law and least to be expected from high office of Judges of High Court for reason that earlier dated 17.11.2016 was altogether supressed--Judges are expected in all circumstances to be knowing law and such is their hallmark as entrenched in principle that 'a Judge must wear all laws on sleeve of his robes'--It is really astonishing to note that in Writ Petition No. 4867-P of 2017 respondents have not been heard and it is not clear as to whether any opportunity of hearing to them was at all provided--In this petition, we note that no notice to respondents was ordered to be issued before passing order dated 05.10.2018 disposing of petition--We direct Registrar, Peshawar High Court Peshawar, to transmit Record & Proceeding of Writ Petitions No. 4867-P of 2017 & 1199-P of 2018 in a sealed cover--Such be done by Registrar within a period of two weeks--High Court in passing impugned has dealt with and considered all relevant laws and rules applicable to case of petitioner but also taken into consideration notification dated 01.01.2010 and thus, non-suited petitioner as his age at time of his…

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