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JAMEEL AHMAD SALEEM versus GOVT. OF PUNJAB


The benefit of R 3 (v) r 3 (v) was available only to the employees of the Punjab Government.

P L D 1984 Lahore 391

Before Saad Saood Jan and Akhtar Hussain, JJ

JAMEEL AHMAD SALEEM AND OTHERS‑Petitioners

Versus

GOVERNMENT OF PUNJAB AND OTHERS‑Respondents

Writ Petition No. 3682 of 1983, decided on 11th April, 1984,

Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976‑--

‑‑ R. 3(v)‑Benefit of r. 3(v) was available only to employees of Government of Punjab---‑ Candidates not employees of Provincial Government, held, were not entitled to deduct period of their service under Government of Pakistan from their age.

Ch. Rashid Ahmad for Appellant.

Sh. Riaz Ahmad A.‑G. for Respondents.

Date of hearing: 19th, 21st. and 22nd November, 1983.

JUDGEMENT

SAAD SAOOD JAN, J.--

‑The petitioners in this writ petition are employees of the Federal Government. They are domiciled in the Province of the Punjab. In response to a notification issued by the Punjab Public Service Commission they applied to the said Commission for appointment to different posts under the Government of the Punjab. Their candidatures were rejected on the ground that they were over‑aged. They have challenged the rejection of their candidatures through this writ petition. Their case is that by virtue of rule 3(v) of the Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976 they are entitled to deduct the period of their service with the Government of Pakistan from their age and as such the age bar does not apply to them. The said rule reads as follows

In the case of a candidate already working as a Government Servant, the period of his continuous service as such shall, for the purpose of upper age limit prescribed under any service rules of the post for which he is a candidate, be excluded from his age.

In I. C. A. No. 103 of 1983 we examined this rule and held that its benefit was available only to the employees of the Government of the Punjab. Since the petitioners are not employees of the Provincial Government they are not entitled to deduct the period of their service under the Government of Pakistan from their age. Accordingly, we would dismiss this writ petition in l1mine.

M. Z. M. Petition dismissed.

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