Law:

Section:

  Civil service Appointment-Review of-Appointee possessing requisite qualifica tions and experience appointed in relaxation of rules due to maximum age limit for entry into service-Fitness even confirmed by Public Service Commission subsequently-Department in circumstances, held, rot justified to terminate service after review under Martial Law Instruction No. 21.                                                                                                                 ORDER M. SALEEM CHAUDHRY (CHAIRMAN).------Briefly the facts of the case are that the appellant, before his appointment as Director, Projects, in the Co-operative Department, Punjab, was working in the West Pakistan Co-operative Board. The 'post of Director, Projects held by him in the West Pakistan Co-operative Board, was comparable and equivalent to Class I Grade 18 post under the Co-operative Department. He was appointed by the Government of the Punjab as Deputy Registrar, Co-operative Societies, against a substantive permanent vacancy on 18-7-1975. Initially, he was appointed for a period of six months under the West Pakistan Co-operative Services and liable to termination without notice. Since the age of the appellant had exceeded the maximum prescribed for initial entry into Government service, his appointment in that behalf was made in relaxation of rules. 2. It appears that his case was reviewed under Martial Law Instruc tion No. 21 in August, 1977 and it was concluded that since his appointment as Deputy Registrar, was made by way of direct recruitment, in relaxation of the rules, therefore, the same was illegal. The Martial Law Administrator, Punjab, directed to examine this case by the Screening Committee who obtained the advice of the Law Department and also of the Punjab Public Service Commission. The advice of the Law Department was as under:- "The Commission is of the view that it is…