Law: Khyber Pakhtunkhwa Civil Servants Act, (XVIII of 1973)

Section: 26

(a) Practice and procedure--- ----Precedent---Constitution of larger Bench---Where there already existed in the field an order/ of the Division Bench (of the High Court) on the subject which was being dealt with and considered (by the High Court) in subsequent cases, said earlier order/ had to be adhered to and a different opinion from the one taken in the earlier order/ could not be expressed---In such circumstances the matter was to be referred to the Chief Justice for constitution of a larger Bench. (b) Administration of justice--- ----Judges were expected in all circumstances to know the law and such was their hallmark as entrenched in the principle that 'a Judge must wear all laws on sleeve of his robes'. (c) Khyber Pakhtunkhwa Civil Servants Act (XVIII of 1973)--- ----S. 26---Khyber Pakhtunkhwa Revenue and Estate Department (Tehsildar, Naib-Tehsildar/Subordinate Revenue Service) Rules, 2008---Patwari, post of---Upper age limit, relaxation in---By way of a notification an amendment was made in the Khyber Pakhtunkhwa Revenue and Estate Department (Tehsildar, Naib-Tehsildar/ Subordinate Revenue Service) Rules, 2008 ('the Rules') and upper age limit for the post of Patwari was extended to 35 years and it was clearly stated that no provision for age relaxation over 35 years would be allowed under any circumstances by any Authority---Held, that age of petitioner at the time of his turn for being appointed as Patwari was beyond maximum upper age limit of 35 years---Court had no power to further relax the upper age limit for that the jurisdiction of the Court was to apply the law and rules as they appeared on the statute book---Vires of law itself had not been challenged by the petitioner, thus, no deviation from the amending notification could be made on any principle of law---Petition for leave to appeal was dismissed and leave was refused. THIS JUDGMENT DELIVERED BY: GULZAR AHMED, J.--- The petitioner is aggrieved by the impugned judgment dated 17.11.2016 passed by the learned Division Bench of the Peshawar High Court, Peshawar, by which the Writ Petition No.1032-P of 2016 was dismissed. 2. We have heard Mr. Muhammad Iqbal Khan Mohmand, learned ASC for the…

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