2020 PLP (C (PLC(CS)N)

IKRAMULLAH KHAN, J.

Through the instant Constitutional Petition, petitioner has invoked the jurisdiction of this Court, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for the following relief:- "It is, therefore, most humbly prayed that on acceptance of instant Writ Petition in hand, i The list of Rejected Overage Candidates to the extent of Petitioners of the Respondents 01 to 03 may very graciously be declared as incorrect, illegal, without substance, without lawful authority, violation of Khyber Pakhtunkhwa Public Service Commission Ordinance/Regulation/Notification and in violation of the fundamental principles as enshrined in Articles 4, 18, 19-A and 25 of the Constitution of Islamic Republic of Pakistan, 1973. As such, liable to be declared so. ii. Consequently, declare Petitioners being eligible candidates for the post of Assistant Sub-Inspector and Respondents may very graciously be directed to allow the Petitioners to appear in Physical Test/Marathon Race, Written Examination, Interview etc, for the post of "Assistant Sub-Inspector" iii. And any other order deem proper in matter may also be passed in favour of petitioner against Respondents".

2. As per averments, alleged by the petitioners they were appointed as Police Constable in the years 2015 and 2017 respectively on permanent basis.

3. Both the petitioners had applied for the post of Assistant Sub-Inspector police, advertised by the Public Service Commission on 29.06.2018. The last date for submission of form, was 17.07.2018.

4. The upper age limit prescribed by rules and advertisement of Public Service Commission, was 25 years which would be reckoned from the last date of receiving the application in this regard i.e. 01.01.2018.

5. Both the petitioners on 01.01.2018 were above the prescribed age of 25 years, therefore, their applications were rejected, by the respondents on the ground of average only, hence, the instant Writ Petition.

6. No doubt, the upper age limit prescribed under the rules for appointment of Assistant Sub-Inspector of Police is 25 years but in order to relax the upper age limit, for certain categories of person, the Government of Khyber Pakhtunkhwa has made "The (Khyber Pakhtunkhwa) Initial Appointment to Civil Posts (Relaxation of Upper Age Limit) Rules, 2008.

7. Relevant rules in this regard are reads as: "3. (1) Maximum age limit as prescribed in the recruitment rules shall be relaxed in respect of the candidates mentioned in column 2 to the extent mentioned against each in column 3 of the table below:-- S.No. Category of candidates Age relaxation admissible i. Government Servants who have completed 2 years continuous service. Upto ten years Automatic Relaxation. ii. Candidates belonging to backward areas as specified in the Appendix attached herewith. Three years Automatic Relaxation. iii. General candidates. Upto two years by the appointing authority and exceeding two years upto five years by the Establishment Department [And beyond five years upto ten years by the Khyber Pakhtunkhwa]. iv. Widow or son or daughter of a deceased civil Servant who died during service and son/brother in case of a shaheed of Police Department; and Discretion of the appointing authority. v. Disabled persons / divorced woman/widow 10 years Automatic Relaxation. vi. (a) Employees or ex-employees of the development projects of the Government of [Khyber Pakhtunkhwa]; (b) Employees of ex-employees of the development projects of the Federal Government under the administrative control of the Government of [Khyber Pakhtunkhwa] Equal to the period served in the projects, the subject to maximum limit of the ten years. (ii) in case of divorced woman or widow, the following certificates shall be produced by the applicant at the time of applying for age relaxation: (a) in case of widow, death certificate of husband; (b) in case of divorced woman, divorce certificate from the District Coordination Officer of the District concerned; - (c) certificate form the District Coordination Officer of the District concerned to the fact that the applicant whether divorced or widow has not remarried at the time of submitting application.] [Provided that the age relaxation at Serial No. VI above shall not be availed in conjunction with any other provisions of these rules]".

8. One of the petitioner, namely Ijaz Ahmad, as per the available record had been appointed as Police Constable on 03.04.2010 and in this regard, copy of his service card is annexed, with the petition, reveals that he had already served the police department for more than two years, while the co-petitioner namely Mati-Ullah is appointed on 15.10.2014. Both the petitioners are bona fide residents of District Dir Lower which is a backward area, defined thereunder the Appendix attached to the Rules, 2008 (ibid) and candidates hailing from backward area, they are entitled for three years automatic age relaxation as per Rule 3 ibid.

9. Rule 4 of the Rules, 2008 ibid mandate that: "

4. A candidate shall only be allowed, relaxation in age in one of the categories specified in Rule 3; Provided that the candidates from backward areas, in addition to automatic relaxation of three years under category (ii) specified in Rule 3, shall be entitled to one of the relaxations available to Government servants, general or disabled candidates, whichever is relevant and applicable to them".

10. Keeping in view the aforestated age limit, petitioners being bona fide residents of District Dir, are entitled for automatic age relaxation for 10-years as well a 03-years maximum upper age relaxation upto 13-years.

11. For the reasons mentioned hereinabove, this Writ Petition is accepted and respondents are directed to extend, the required earned age relaxation facility to both the petitioners as mentioned hereinabove.

12. In case, petitioners after age relaxation are found eligible, shall be allowed to participate in the scheduled test and interview for the post of ASI, under reference.

13. Moreover, the salaries of Respondents Nos.3 to 5, which were attached by this Court vide Order dated 25.04.2019, on account of non-filing of the requisite comments, are released, as, the respondents have filed their comments and complied with the Order of this Court. SA/258/P Petition accepted.