Law:

Section:

(a) Punjab Civil Servants Recruitment and Relaxation of Upper Age Limit Rules, 1976------8. 3---General Clauses Act (X of 1897), S. 21---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Petitioner's recommendation for appointment as Assistant Sub-inspector of Police in relaxation of rules--­Petitioner being overage by 6 years and 9 months. Chief Minister approved relaxation of upper age limit---Petitioner notwithstanding such sanction was not appointed to post in question---Validity---Important qualifying clause of Government's decision was that such appointment was to be made in accordance with educational qualification and relevant rules and regulations---Petitioner was although academically qualified for appointment for post in question, yet he was, admittedly, overage by 6 years and 10 months---Chief Minister at one point of time although granted relaxation of upper age limit in petitioner's favour, yet when he was apprised of relaxation rules, he withdrew that sanction---Government's decision dated 30-8-1990 which was communicated to all departments in Services and General Administrations' letter dated 10-9-1990 would mandate that age relaxation would not be given beyond 5 years in any case---Such concession would not be considered for recruitment in Police force-- -Petitioner having been granted relaxation of more than 6 years was not entitled to relaxation in so far as relaxation did not apply to those persons who were to be inducted in Police Force---Authority which had power to pass any order would retain pourer to withdraw, modify or rescind the same until such time, any decisive step had been taken pursuant to order in question---No effective step had been taken in petitioner's favour inasmuch as no appointment order had as yet been issued and no right had been created violation of which could warrant interference under Art. 199 of the Constitution---High Court while dismissing Constitutional petition observed that terms and conditions of Police Department were appalling and would merit serious re-consideration by concerned Authorities. Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farrukh PLD 1969…

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