2012 PLP (C (PLC(CS))

IJAZ AHMAD, J.

The D.C.O. Chakwal, the Chairman District Recruitment Committee advertised 107 vacancies for the posts of Senior Elementary School Educator (Physical Education) in the Education Department. The advertisement specified the requisite qualifications. The petitioners already serving as Senior Clerks in the Education Department and possessing the requisite qualification applied for the advertised post. Along with the application form, the petitioner submitted an application for relaxation in upper age limit. In all the cases, the lower age limit specified has been fixed as 20 years and the upper age limit 35 years. The D.E.O. (EE-M) Chakwal sought an advice from respondent No.1/Secretary Schools, vide order dated 5-5-2010.

2. It is contended by the learned counsel for the petitioners that the petitioners had submitted an application for relaxation in upper age limit, as a formality only. In fact, the Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976, are exhaustive on the point. It is provided in Rule 3 sub-rule (v) that 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 rule, for the post for which he is a candidate, be excluded from his age provided that upper age limit shall not exceed 35 years for recruitment to any post to be filled in on the recommendations of the Punjab Public Service Commission on the basis of the combined competitive examination. It is argued that keeping in view the provision of the said rule, the petitioner already in service has a right that the period of his continuous service for the purpose of upper age limit be excluded.

3. On the other hand, the learned A.A.-G. contends that in fact the relaxation in the upper age limit for a period of five years has already been granted by the respondents, therefore, according to the Policy letter dated 23-8-2008, the petitioners are not entitled to any other relaxation and that the petitioners have already unsuccessfully agitated the matter before the Hon'ble Provincial Ombudsman.

4. I have heard learned counsel for the petitioners and the learned A.A.-G.

5. Having already recoursed to the Hon'ble Provincial Ombudsman, the petitioners are not disentitled to invoke the constitutional jurisdiction of this Court. The Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976, referred by the petitioners manifestly clarify that in a case of government servant applying for a post, the period of his continuous service, for the purpose of computation of upper age limit, shall be excluded. The petitioners being already in government service are entitled to this exclusion. This right of a government employee can press into service seeking any further employment either on contractual or permanent basis. The Policy Letter dated 23-8-2008 referred by the learned A.A.-G. has no significance as in hierarchy of law, the rules referred by the learned counsel sit at a higher pedestal as compared to the Policy Letter referred by the learned A.A.-G. The petitioners are held to be entitled for the relaxation in their upper age limit. The period of their continuous service for the purpose of computation of upper age limit be excluded. The respondents shall proceed, if no impediment lies in their way, to finalize the matter regarding the filling up of the available vacancies, advertised. This petition stands accepted. K.M.Z./S-103/L Petition accepted.