Case Details

Citation(s)
2024 SLG 48 2024 SLD 48 2024 SCMR 101
Supreme Court of Pakistan
Civil Petitions Nos. 231 and 183-K of 2022 and 827 of 2023, decided on 27th November, 2023.Date of hearing: 27th November, 2023.
Present: Qazi Faez Isa, C.J., Amin-ud-Din Khan and Athar Minallah, JJ
M. Aqil Awan, Senior Advocate Supreme Court (through Video Link, Karachi) for Petitioners (in C.P. No. 231 of 2022). Ghulam Sarwar Baloch, Advocate Supreme Court (through Video Link, Karachi) for
Respondents Nos. 1 to 5 (in C.P. No. 231 of 2022). Miran

AYAZ and others---Petitioners

VERSUS

STAFA SAEED and others---Respondents

Law: Sind Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: 12(1),12(2)

(a) Civil service--- ----Notification, memorandum, order, etc issued by a Department---Every government servant must mention his name and designation in every notification, memorandum, order, etc. (b) Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- ----Rr. 12(1) & 12(2)---Notification No.SO-II(SGA&CD)5-64/2011 dated 27 July 2020 ('the Notification')---Posts advertised by the Provincial Forests and Wildlife Department---Eligibility criteria for candidates---Notification granting 15 years age relaxation---Legality---Rule 12(1) of the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 ('the Rules') stipulates that the education, qualification, experience and age limit for the post be provided---Rule 12(2) of the Rules states that the stipulated age may be relaxed to the extent mentioned in the Table by the authorities mentioned therein, which provides that upto one year age can be relaxed by the Head of the Department in all grades, for grade 16 and above the power to relax age of one year vests in the Head of the Department, for a period of three years the Secretary of the Department can relax it, upto five years the Chief Secretary can do so and upto 10 years the Minister Incharge or the Chief Secretary (if there is no Minister) can relax age---In the instant case, age has been relaxed by fifteen years, which means that candidates who are about forty-five years may also apply---In such circumstances the following questions arise; (i) If a rule provides a maximum age for a post why should it be relaxed? (ii) If at all age is to be relaxed should it not be in respect of an individual seeking it, provided he could justify it? (iii) Does blanket age relaxation not defeat the intent of the law, and defeat Rule 12(1) of the Rules? (iv) Whether the Notification, granting 15 years age relaxation conforms with the law? (v) Whether the interest of the people of the province is served when age is relaxed, who may only then have the benefit of the selected candidate's service for less than 15 years, since the retiring age is 60 years? (vi) Whether age should be relaxed when there is high unemployment and qualified…
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