MUHAMMAD AMIR vs Haji MUHAMMAD NAWAZ KHAN And Other
This matter concerns a petition for leave to appeal against a judgment of the Punjab Service Tribunal, which had directed the promotion of the respondent to the position of Kanungo with back benefits. The core legal question is whether the respondent was eligible for promotion despite exceeding the upper age limit of 40 years prescribed by the relevant service rules. The petitioner contends that under Rule 4(iii) of The Punjab Kanungos Service Rules, 1954, the respondent could not be appointed or promoted without a formal waiver of the age limit by the Director of Land Records, which was allegedly absent. The Supreme Court granted leave to appeal to consider whether the Tribunal erred in ignoring the mandatory age requirements and the necessity of a formal waiver for candidates exceeding the age limit. The Court suspended the operation of the impugned judgment pending the final adjudication of the appeal, emphasizing the need to examine the interplay between the statutory age restrictions and the discretionary powers of the Director of Land Records.
- Can a candidate be promoted to the position of Kanungo if they exceed the upper age limit of 40 years without a formal waiver from the Director of Land Records?
- Does Rule 4(iii) of The Punjab Kanungos Service Rules, 1954, mandate a written waiver for candidates exceeding the age limit for promotion?
- Rule 4(iii), The Punjab Kanungos Service Rules, 1954
- Rule 11, The West Pakistan Kanungos Service (Northern Zone) Rules, 1964
ORDER
TANVIR AHMED KHAN, J,- Leave to appeal is sought against the judgment dated 19.2.1998 passed by the Punjab Service Tribunal, Lahore, in Appeal No. 1467 of 1994, whereby respondent No. 1's appeal .Was accepted and the Tribunal declared him entitled, to promotion on regular basis with all back benefits with effect from 1.11.1985.
2. Learned counsel for the petitioner has argued that respondent No. 1 Haji Muhammad Nawaz Khan, could not have been promoted as Kanungos having crossed that upper age limit of 40 years.
This bar, according to him, is manifest from Rule 4(iii) of The Punjab Kanungos Service Rules, 1954, which provides as under:-- "4. Nationality, domicile and age of candidate: No person shall be appointed to the service unless:- -
(a) (i) .................................................................. ........
(ii) .............................................................................................................
(Iii) he is not more than 25 years -of age or in the case of persons appointed from among Patwaris, he is not more than 40 years of age, provided that the Director of Land Records may, in special circumstances, to be recorded in writing, waive such age limits."
Learned counsel has also made reference to Para 2,3 wherein it is provided that in case of candidates after the age of 40 years, the Director of Land Records has been empowered to relax the same in special circumstances. He has further pointed Out that Rule 11 of the West Pakistan Kanungos Service (Northern Zone) Rules, 1964, has saved all these Rules as they are not in conflict with it. He has also pointed out that this practice has been followed for a long period of time by the department and in the circumstances, respondent No. 1, without the waiver by the Director of Land Records, could not have been approved for promotion. Reliance in this respect has been placed upon Nazir Ahmad versus Pakistan and 11 others (PLD 1970 S.C. 453).
3. The above points require consideration. Leave to appeal is, accordingly, granted to inter alia consider the same. The operation of the impugned judgment of the Tribunal shall remain suspended meanwhile.