2012 PLP (C (PLC(CS))

MUHAMMAD KHALID MEHMOOD KHAN, J.

The petitioner is a P.T.C. teacher posted in Government High School Green Town, Lahore. After joining the PTC teacher he improved his academic qualification and acquired Master degree in the subject of Urdu. The respondent-PPSC announced posts of Lecturers of BS-17. The petitioner applied for one post of Lecturer as per advertisement issued by respondents. The petitioner appeared in written test, successfully passed the written test and was called for interview but when he appeared for interview he was informed that he is overage of 1 year 9 months and 7 days. The petitioner moved a review petition before respondent No.2 but the same was rejected on 6-2-2012 with the following remarks:

"After giving you service benefits towards upper age limit you are still overage by 1 year 9 months and 7 days under the rules/advertisement." The petitioner asserts that maximum age limit is 35 years in terms of Notification dated 4-11-2006 issued by the Governor Punjab. Hence, it is prayed that impugned rejection letter dated 6-2-2012 be declared illegal and without lawful authority.

2. Notices were issued to respondents. Learned Additional Advocate-General and learned law officer of respondent-PPSC submit that consolidated Advertisement No.23/2011 specifically provides that the age limit is 21 to 28 years with 5 years general age relaxation in the upper age limit and as such maximum age for the candidate is 33 years. The petitioner was given benefit of his service but even allowing relaxation the petitioner is overage by 1 year 9 months and 7 days. Learned Additional Advocate-General, further submits that it was in the knowledge of petitioner that even if he will pass the written test or interview he has to face the clog of maximum age limit fixed by respondent No.1 vide advertisement for inviting applications.

3. Learned counsel for petitioner submits that under Rule 3 of Punjab Civil Servants (Relaxation of upper Age Limit) Rules, 1976 the continuous service of civil servant would be excluded from his age provided upper age limit shall not exceed 35 years. Admittedly petitioner is below 35 years and as such he is entitled to be appointed as Lecturer. He has relied on Muhammad Qasim and 6 others v. Home Department, Government of the Punjab (2004 PLC (C.S) 69), Ehsan Ullah and 3 others v. Inspector General of Police, Punjab Lahore and 4 others (2006 PLC (C.S) 964) and Saghir Ahmad Naqi v. Government of the Punjab through Secretary Home (Prisons) Department, Lahore and another (2005 PLC (C.S) 1409).

4. The argument of learned Additional Advocate-General assisted by law officer of respondent No.1 is that terms and conditions notified in the advertisement are clear in nature and these have been fixed on the advise by the respective department.

5. Heard. Record perused.

6. There is no denial on the part of respondent that in case petitioner's age is settled as 35 years he will be eligible to be recruited as Lecturer. Rule 3 of Punjab Civil Servants (Relaxation of upper Age Limit) Rules, 1976 provides as under:

"In the case of a candidate already working as a Government servant, the period of his continuous service as such shall far 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. Provided that the upper age limit shall not exceed 35 years for recruitment to any post to be filled in on the recommendation of the Punjab Public Service Commission on the basis of the combined competitive examination." The proviso of rule 3 ibid specifically provides upper age limit as 35 years. No doubt respondents have allowed 5 years age relaxation but they unilaterally reduce initial age from 30 years to 28 years. The proviso of rule 3 ibid specifically provides upper limit as 35 years with grace period of 5 years in terms of Notification dated 4-9-2006 and as such respondent No.1 has no authority to fix the upper age limit as 33 years inclusive of 5 years. In case the argument of learned Additional Advocate-General is admitted the Proviso of rule 3 ibid will become redundant. The intention of rule making authority is that the maximum age should not exceed from 35 years. The rule does not provide that 5 years will be given but it provides that upper age limit will be 35 years including of 5 years of grace period. The word used are "shall not exceed 35 years" meaning thereby 35 years is the maximum age provided for the post advertised.

7. In view of above, as the petitioner is below than 35 years at the time when he applied for the post advertised and as such this petition is allowed. Order dated 6-2-2012 is declared without lawful authority. HBT/M-153/L Petition allowed.