Law:

Section:

(a) West Pakistan Tehsildari and Naib-Tehsildari Service Rules, 1962--R.13---Constitution of Pakistan (1973), Art. 212(3)---Promotion---Direction by Service Tribunal to Government to relax upper age limit of employer--­Validity---Civil servant's case was not considered for promotion at appropriate time for he was under suspension and an enquiry was being conducted against him---Civil servant was found innocent and reinstated in service, but by that time he had crossed upper age limit and thus his case was not considered for promotion---Service Tribunal directing Government to consider civil servant case by relaxing his age limit---Validity---Leave to appeal was granted to consider whether Service Tribunal was competent to direct Provincial Government to relax upper age limit of civil servant. (b) West Pakistan Tehsildari and Naib-Tehsildari Service Rules, 1962--- ----R.13---Constitution of Pakistan (1973), Art. 212---Promotion---Civil servant was admittedly not considered for promotion when he had not yet crossed the upper age limit for the sole reason that inquiry was pending against him---Civil servant when found to be innocent and exonerated from charges against him, Government should have put him in same position that he would have enjoyed if enquiry had not been ordered against him---Government for some reasons which had not been disclosed on record, omitted to do so, even though there were numerous precedents in that regard---Service Tribunal's directing Government to relax upper age limit of civil servant, had merely rectified such situation---Service Tribunal's order being eminently fair, no interference was warranted therein---Facts of civil servant's case being peculiar, Supreme Court did not examine whether Service Tribunal was competent to exercise that power which under the relevant rules vested only in the Government---Leave to appeal already granted to Government was recalled in circumstances. JUDGMENT SAAD SAOOD JAN, J.---The respondent was a Qanungo in the Revenue Department and was serving at Haripur. In 1977 he was promoted as officiating Naib-Tehsildar on ad-hoc basis. The promotion did not confer any right on him to appointment as…

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