SAIDULLAH Versus FEDERAL PUBLIC SERVICE COMMISSION

ORDER

SALEEM AKHTAR, J: ‑‑ The petitioner seeks leave to appeal against the order passed by the learned Judge in Chambers of the High Court whereby his Constitution Petition was dismissed.

2. The petitioner had served in the Armed Forces of Pakistan from 20‑2‑1978 to 25‑9‑1988. He submitted an application to the respondents for CSS Examination, 1992 on 17‑7‑1992 claiming relaxation in age under CSS Rule 4(ii)(b) which reads as follows:‑

"By a maximum period of two years up to the age of 32 years in the case of candidates who have served in the Armed Forces of Pakistan ,. including "National Service of the Armed Forces of Pakistan" under the Pakistan National Service Ordinance, 1970 other than on regular basis and who arc liable to be called for regular military service i.e. candidates who have served in the Armed Forces of Pakistan other than on regular basis, but are liable to be called for regular military service, may deduct such service from their actual age up to a maximum of two years. This concession will, however, be admissible in each case on production of a certificate in Annexure `C' from the Ministry of Defence."

The respondents' interpretation was that the rule will‑ apply to a candidate who has served in Armed Forces of Pakistan other than on regular basis. On the other hand the petitioner contends that if a person has served in the Armed Forces of Pakistan and satisfies other conditions mentioned in it, he is eligible B for the relaxation of age and it is not necessary that he should have served other than on regular basis. .

3. The question raised requires interpretation of rule which is of public importance. Leave is granted.

A.A./S‑752/S Leave granted.