Law:

Section:

West Pakistan Naib-Tehsildari and Tehsildari Services Rules, 1962--- --R. 5 [as adopted by Government of North-West Frontier Province]--­Delegation of Powers (Relaxation of Age) Rules, 1961---Constitution of Pakistan (1973), Art. 212 (3)---Forty per cent, of vacancies of Naib-Tehsildars were reserved for ministerial staff to be filled on basis of selection on merit--­Two posts of Naib-Tehsildars were available for ministerial quota for which list of 37 officials including petitioner was drawn up and placed before Departmental Promotion Committee---Petitioner haying not been selected by Departmental Selection Committee filed departmental appeal and, thereafter, filed appeal before Service Tribunal, but to no effect---Validity---Leave to appeal was granted to consider whether selection on merit from amongst members of ministerial service to the post of Naib-Tehsildar was valid under R. 5 of the Rules without manifestly laying down criteria for comparative evaluation of merits of candidates and further that in view of availability of sufficient number of eligible competing candidates, relaxation in upper age limit granted to one of the respondents was not covered by the Delegation of Powers (Relaxation of Age) Rules, 1961 and North-West Frontier Province Services and General Administration Circular Letter No. S.O.R.1 (S&GA.D.) 1-117/91(c), dated 12th October, 1993. Chairman, Regional Transport Authority, Rawalpindi v. Pakistan Mutual Insurance Company Limited, Rawalpindi PLD 1991 SC 14 rel. Syed Jamshed Ali, Advocate Supreme Court alongwith Syed Abul Aasim Jafri, Advocate-on-Record for Petitioner. K.G. Sabir, Advocate Supreme Court for Respondents. ORDER MUHAMMAD BASHIR KHAN JEHANGIRI, J: --The method of recruitment of Naib-Tehsildars under section 5 (1) of the West Pakistan Naib ­Tehsildari and Tehsildari Service Rules, 1962 (hereinafter called as the Rules) which have been adopted by the Government of N: W.F.P., is 'as under:-- I. ,,,, "(a) sixty per cent of the vacancies shall be filled in by initial recruitment through the Public Service Commission, of which ten per cent shall be reserved for ex-service men; and (b) the remaining vacancies shall be filled…

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