| Case ID |
202821e8-c86d-4229-8e0b-e92892d113a8 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No. 29 of 2017 |
| Decision Date |
Apr 25, 2019 |
| Hearing Date |
Apr 25, 2019 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, holding that the petitioner, being over the age limit of 35 years for the post of Patwari as per the Khyber Pakhtunkhwa Revenue and Estate Department Rules, could not be appointed. The Court emphasized that it had no jurisdiction to relax the law as it stands, and the earlier judgment of the Peshawar High Court was upheld. The Court noted that the rules were clear in their stipulation regarding the age limit and that the petitioner had not challenged the vires of the law itself. Thus, the decision of the High Court was found to be in compliance with the established legal framework. |
| Summary |
In the case of Civil Petition No. 29 of 2017, the Supreme Court of Pakistan addressed the appeal of Muhammad Iqbal Khan Mohmand concerning his denial of appointment as Patwari due to exceeding the upper age limit of 35 years as mandated by the Khyber Pakhtunkhwa Revenue and Estate Department Rules. The Court examined the relevant laws, particularly Section 26 of the Khyber Pakhtunkhwa Civil Servants Act, 1973, and highlighted the importance of adhering to established rules and precedents in judicial proceedings. The ruling underscored the principle that judges are expected to be well-versed in the law and that any deviation from the law must be justified. The Supreme Court ultimately ruled in favor of the Government of Khyber Pakhtunkhwa, affirming the High Court's decision that the petitioner could not be afforded any age relaxation for the position of Patwari. The judgment serves as a significant reference for future cases concerning age limits in civil servant appointments, reinforcing the necessity of compliance with legal stipulations in recruitment policies and procedures. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Government of Khyber Pakhtunkhwa
|
| Judges |
Gulzar Ahmed,
Qazi Faez Isa,
Maqbool Baqar,
Muhammad Aamir Khan
|
| Lawyers |
Muhammad Iqbal Khan Mohmand
|
| Petitioners |
Muhammad Iqbal Khan Mohmand
|
| Respondents |
Government of Khyber Pakhtunkhwa
|
| Citations |
2019 SLD 1476,
2019 SCMR 1021
|
| Other Citations |
Not available
|
| Laws Involved |
Khyber Pakhtunkhwa Civil Servants Act, (XVIII of 1973)
|
| Sections |
26
|