Law:

Section:

Police Order (22 of 2002)-------Arts. 7(3), Provisos 185(a) & 112---Punjab Civil Servants Recruitment (Relaxation of-Upper Age Limit) Rules, 1976, Rr.1(b), 3(v)---Police Rules, 1934, Preamble---Constitution of Pakistan (1973), Art.199--- Law Reforms Ordinance (XII of 1972), S.3---Promotion of graduate Constables and Head Constables as Assistant Sub-Inspectors---Fixing of upper age limit---Rules being contrary to statute were to yield to the latter---Standing Order of Inspector General Police not to fix upper age limit---Standing Order neither approved by Provincial Government nor notified in official Gazette---Effect---Petitioners/appellants, were aggrieved of Standing Order passed by Inspector General of Police whereby he, for filling posts of Assistant Sub-Inspectors from amongst graduate Constables and Head Constables, fixed upper age limit for such graduate Constables at 33 years---Petitioners filed constitutional petition contending therein that Art.7(3) of Police Order, 2002 pursuant to which Standing Order and advertisement had been issued, did not stipulate an upper age limit for induction of graduate Constables and Head Constables as Assistant Sub-Inspectors---High Court (single Judge) while relying on Rule 3(v) of Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976, fixed upper age limit at 35 years for promotion of in-service Constables/Head Constables to the post of Assistant Sub-Inspectors---Petitioners filed Intra Court appeal against the finding of single Bench contending therein that as second proviso to Art.7(3) of Police Order, 2002, did not prescribe any upper age limit for promotion of in-service graduate Constables and Head Constables, therefore, Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976, being contrary to statute, were to yield to it and that the said Rules had no application in the present case because petitioners were not candidates for recruitment to post of Assistant Sub-Inspector but were claiming promotion to such post on basis of their eligibility as per Art.7(3) of Police Order, 2002--Validity---Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules,…

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