Law:

Section:

Punjab Civil Servants, Recruitment (Relaxation of Upper Age Limit) Rules, 1976-------R. 3(v)-Punjab Civil Servants Act (VIII of 1974), S. 8---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Promotion/move-over---Age limit---Petitioner serving as an Electrician' in BS-4 applied for move-over/promotion as Junior Clerk in BS-5 in the light of Circular letter dated 30-7-1996---In response his services were terminated on the ground of being over-age---Subsequently when advertisement was issued for filling up 12 vacancies of Junior Clerks, petitioner, tiled an application, but he was not permitted to sit in the test on the ground of being over-age---Petitioner having already worked in the Police Department, his entire period of continuous service would be excluded for purpose of upper age limit prescribed under Service Rules---Petitioner, in circumstances could not be stated to be over-age for said post---Authorities were directed to consider petitioner for promotion to the post of Junior Clerk in BS-5' in accordance with law. Tahir Mehmood for Petitioner. Zafarullah Khan Khakwani, A.A.G. for Respondent. Shehzad Inspector. Date of hearing: 21st June, 2005. JUDGMENT MAULVI ANWARUL HAQ, J---The petitioner is again before this Court. Admittedly he is an Electrician in BS-4 with the respondent-Department. In the first instance he applied on 1-2-2000 for move- over/promotion as Junior Clerk in BS-5 in the light of circular letter dated 30-7-1996 (annex. C). In response his services were terminated on the ground of over-age vide letter dated 4-5-2000. He filed an appeal which was allowed by learned Punjab Service Tribunal on 2-4-2003 (Annex.D). In the meantime, he improved his academic qualification. He filed W.P. No.1688 of 2004 in this Court complaining that his application for promotion is not being attended to against 20% posts or Junior Clerks for promotion of employees in BS-4. This W.P. was dismissed on 15-4-2004 on the ground that individual application cannot be ordered to be taken up and let applications be invited from all the relevant employees. On 9-6-2004, an advertisement was issued for filling up 12 vacancies of Junior Clerks. He filed…

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