ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

C.P.No.D-4799 of 2013

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                            Order with signature of Judge   

 

Present :     Mr. Justice Muhammad Ali Mazhar

                                Mr. Justice Arshad Hussain Khan

 

Syed Kamran Haider Rizvi..…………..……………….….Petitioner

Versus

Province of Sindh and 03 others…………………….Respondents

Date of Hearing:-           05.10.2016

 

Mr.Imran Hussain, advocate for the petitioner

Mr.Abdul Jalil Zubedi, AAG

………

Muhammad Ali Mazhar, J:    Case of the petitioner is that he was appointed as Constable in Sindh Police Service on 10th April, 2002 and at the time of appointment, he was 26 years old. In response to an advertisement published by Sindh Public Service Commission for appointment to the post of ASI (BPS-9), the petitioner also applied for the post. It is further stated that the respondent No.2 on behalf of the respondent No.1, issued a Notification for allowing relaxation upto the age of 15 years in all vacancies of government departments likely to be filled during 1st July, 2012 to 30th June, 2013. The petitioner appeared in written test but on 06.09.2013 he received a rejection letter. Reason of rejection was overage by 01 year 06 months and 15 days on closing date i.e., 11.07.2013. However, in the same rejection letter, it is clearly mentioned that applicant/petitioner may file appeal with reasonable grounds duly supported by documentary evidence against rejection order. After receiving rejection letter, the petitioner on 17.09.2013 filed an appeal to Chairman, Sindh Public Service Commission. Copy of appeal is available at Page-29 with acknowledgement of Regional Office, SPSC, Karachi. The petitioner also made request to Chief Secretary and Inspector General of Police Sindh for relaxation of age and both applications are also available on record but learned counsel submits that neither appeal has been decided by SPSC nor request has been considered by Chief Secretary and/or I.G Sindh. Learned AAG does not confront rejection letter as well as filing of appeal to SPSC and or applications so made by the petitioner but he argued that age relaxation does not apply to police field force, however, to the extent whether appeal has been decided by SPSC or not, he is also of the view that if appeal was preferred in terms of rejection letter then same should have been decided by SPSC.

          As a result of above discussion, the Chairman, SPSC, is directed to decide appeal of the petitioner available at Page-29 within one month after providing ample opportunity of hearing to the petitioner. Petition alongwith pending application is disposed of.

          Copy of this order be transmitted to learned AAG for compliance.

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