Law: Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989

Section: 3(2)

Law: Constitution of Pakistan, 1973

Section: 199

Khyber Pakhtunkhwa Civil Servants (Appointment, Promotion and Transfer) Rules, 1989--- ----R.3(2)---Land Record Manual, Paras. 3.6 3.11---Constitution of Pakistan, Art.199---Patwari, appointment of---Patwar course---Petitioner was aggrieved of refusal to grant age relaxation for his appointment as Patwari on the basis of notification issued by Government of Khyber Pakhtunkhwa, Revenue and Estate Department, on 25.11.2016---Validity---Notification in question had only prospective effect---On the basis of notification in question applications were invited for the post of Patwari to be filled in accordance with criteria as provided in service rules for recruitment of Patwari in Khyber Pakhtunkhwa Civil Servant (Appointment, Promotion and Transfer) Rules, 1989---Effect of the notification was never intended by authorities to have retrospective in nature---After issuance of the notification, appointment of Patwari was to be made in accordance with amended rules which were in consonance with paragraph 3.6 of Land Record Manual, the effect was to be given from date of publication of notification in question and not from date of passing of examination of Patwar course---High Court declined to interfere in the matter---Constitutional petition was dismissed in circumstances. Muhammad Aamir Khan v. Government of Khyber Pakhtunkhwa through Senior Member Board of Revenue and others 2019 SCMR 1021; Writ Petition No.129/2012; Writ Petition No.278/2012; Writ Petition No.3398 of 2014; Writ Petition No.4785-P of 2016 and Writ Petition No.1894-P of 2017 ref. JUDGMENT MUHAMMAD NAEEM ANWAR, J.----The petitioner, Salah ud Din, has filed the instant petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, seeking issuance of a writ to the effect that being qualified entered in the registered of Patwar since 2011 is entitled for relaxation of his age and appointment as Patwari in consonance with Para-No. 3.11 of Land Record Manual. 2. Learned counsel for petitioner contended that respondents are legally bound to follow the provisions of Par No.3.11 of land record manual and until para 3.6 of the manual is in existence and proper rules for the…

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