Recruitment with an age limit

Contentions of candidate were that he had been in Government service for 15 years and 5 months and as per R.3(v) of Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976 such time period had to be excluded for the purposes of considering his application and upper age limit for the post in question had to be relaxed in his case

Contentions on behalf of Provincial Government were that recruitment process was initiated on the basis of a recruitment policy, wherein no provision for relaxation of upper age limit for government servants was provided; that candidate had not challenged the said policy, therefore, he was not entitled to any relief, and that judgments of High Court relied upon by the candidate were pending adjudication in the Supreme Court

Validity

Right of government servant under R.3(v) of Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976 was always available to him and he could press the same into service for further employment on contract or permanent posts

Law and rules framed under Punjab Civil Servants Act, 1974 had a higher value than policy letters

Judgments of High Court relied upon by the candidate were impugned before the Supreme Court but they were not suspended and in the event of a final verdict of the Supreme Court the entire law would have to be changed without any reservation as contemplated under Art.179 of the Constitution

Constitutional petition was allowed and concerned authority was directed to entertain the application of the candidate without raising objection as to upper age limit as he was fully entitled to the benefit of R.3(v) of Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976.