AYAZ vs MUSTAFA SAEED R — 2025 SCMR 216 SUPREME-COURT

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AYAZ VS MUSTAFA SAEED R. 12(2)---Sindh Public Service Commission (Recruitment Management) Regulations, 2006, Regln. 0612---Position of Assistant Conservator Forests (BPS-17)---Eligibility criteria---Upper age limit, relaxation in---Notification granting age relaxation of up to 15 years in the upper age limit---Legality---Joint reading of the Notification in question which approved the 15 years relaxation in the upper age limit and Regulation 0612 of the Sindh Public Service Commission (Recruitment Management) Regulations, 2006 ('2006 Regulations'), showed that the Government of Sindh could only relax the age of eligible candidates at its discretion through an Age Relaxation Order which could be issued collectively or specifically for any candidate ---Powers to authorize age relaxation for up to 2 years was vested in the Secretary of the concerned department while the Chief Secretary was authorized to accord age relaxation for up to 5 years only which was now raised up to 15 years---Even in the Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974 ('APT Rules'), the maximum age relaxation limit was 10 years which was by itself highly unjustified and excessive, and rather than curtailing this period by setting a well thought-out benchmark and being mindful of the norms of reasonableness and proportionality, the Government of Sindh, without any justifiable rhyme or reason, extended the age relaxation up to 15 years---In the context of the recruitment in issue, the maximum age was 30 years; if one added 15 years more, then a person, if selected for the job, would join his duty under the age of 45 years and would retire upon attaining the age of 60 years---Meaning that after just 15 years' tenure of service, he would be entitled to claim huge pensionary benefits, including other retiring benefits, which was also discriminatory to those employees who gave their blood and sweat, and toiled and served the government for more than 25 to 30 years and then became entitled to the pensionary and other retirement benefits---Supreme Court struck down the Notification and the Addendum by which relaxation of up to 15 years was granted in the upper age limit---Supreme Court directed that Sindh Public Service Commission should re-advertise the posts in question afresh and allow all interested candidates to participate in the competitive process---Petitions were dismissed and leave was refused.

AYAZ vs MUSTAFA SAEED R — 2025 SCMR 216 SUPREME-COURT

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