SYED JAMSHED ALI, J.-Vide public notice which appeared in the Daily Jang dated 6.3.2003 application were invited by the Punjab Public Service Commission (PPSC) for recruitment to 34 posts of Assistant Executive Engineer/Sub- Divisional Officers (Civil) in the Irrigation and Power Department of the Punjab Government. The upper age limit, for the post in question was 25 years with five years general relaxation. The petitioners, who are working as Sub- Engineers in the Irrigation and Power Department, applied through proper channel. Their application were rejected on the ground that they were overage. The petitioners are aggrieved of rejection of their candidature.
2. The learned counsel for the petitioners contends that according to another public notice of even date, applications were also invited for the port of Assistant Engineer (Civil) in the Communication and Works Department and for the candidates for the said post, the upper age limit was 30 years with five years general relaxation, It is, therefore, contended that in the matter of public employment they have been differently treated thereby violating the guarantee of Article 25 of the Constitution.
3. On the other hand, the learned Additional Advocate-General, has opposed this petition. The only explanation he had was that the job description of the post of Assistant Executive Engineer in the to Departments was different, It is further contended that the Punjab Public Service Commission
(PPSC) acted strictly in accordance with the Rule and even after allowing five years general relaxation, the petitioners were over age.
4. The submissions made by the learned counsel, for the parties have been considered. Initially, under the West Pakistan Service of Civil Engineer (Buildings and Roads) Class-1, Rules by which recruitment in the Communication and Works Department to the post in question was governed, the upper age limit was 25 years. These rules were replaced by the Punjab Communication and Works Department, Engineering posts Qualifications and Conditions of Recruitment Rules, 1985, which prescribe the upper age limit as 30 years for the post in question, In 1967, the West Pakistan Irrigation Engineering Service (Class-I) Rules were also promulgated. The said Rules prescribe 25 years as the upper age limit for the said post. The said Rules are still inforce, It was on the basis of the said Rules that the public notice specified the upper age limit as 25 years for the post in the Irrigation and Power Department. Perusal of the public notices inviting applications for the post of Assistant Executive Engineer in the to departments shows that not only the designation of the post but also the requisite qualification i.e. The degree in Civil Engineering from a recognized University is the same. And, the employer in case of both the departments is the Govt, of Punjab, It appears that while substituted Rules of 1985 applicable for recruitment in Communication and Works Department, to the post in question enhanced the upper age limit to 30 years, nobody took notice of the anomaly that in case of recruitment in the Irrigation and Power Department the upper age limit prescribed in 1967 Rules remains unchanged. The net effect thereof is that for the same post with the same qualification under the same employer the upper age limit for to departments is different. Equal opportunity in public employment is an integral part of Article 25 of the Constitution and, therefore, vis-a-vis the candidates for direct appointment as Assistant Executive Engineer in the Communication and Works Department the petitioners have unfairly, been discriminated against. The only defence of an Assistant Engineer in the to departments in different. The job description was perused. The primary duty of an Executive Assistant Engineer in the Irrigation of Power Department is the maintenance and up-keep of the canal and structure while that of his counterpart in the Communication and Works Department is the execution of construction and maintenance works of Govt. buildings, roads and bridges. Both the jobs carry equal responsibility and to any mind the job description does not furnish a reasonable classification to justify a different treatment to the candidates for appointment as Assistant Executive Engineer in Irrigation and Power Department.
5. I have also noticed that according to the averments of this petition all the petitioners are working as Sub-Engineers in the Irrigation and Power Department. Their length of service has, however, not been indicated in this petition. According to Rule 3(V) as inserted vide Notification No. SOR-III-1-72, dated 14.6.1982, in the Punjab Civil Services Recruitment, (Relaxation of Upper Age Limit) Rules 1976, continuous period of service of a candidate for the purpose of upper age limit prescribed in any service rules shall be excluded from his age although according to the proviso to the said clause the upper age limit is not to exceed 35 years for recruitment to any post to be filled in on the recommendation of the PPSC on the basis of the combined competitive examination. Even if the said proviso was applicable to recruitment as Assistant Executive Engineer in the Irrigation and Power Department, the petitioners were entitled to exclude the period of service being rendered by them in the Irrigation Land Power Department, It appears that the PPSC did not take notice of the said provision while rejecting the candidature of the petitioners, It may also be observed that even if the public notice did not specify the said concession to the candidates in the Government service, the PPSC was obliged to take notice of the provision as the question of eligibility of the petitioners for the post in question was required to be determined in accordance with law. I have no doubt in any mind that the said beneficial dispensation shall be deemed to be part of a public notice inviting applications for recruitment to various posts through the PPSC.
6. The question which, however, agitated my mind was the relief, which could, in the circumstances, be granted to the petitioners. On being questioned, the representative of the Irrigation and Power Department stated that all the 34 posts, for which application were invited, have already been filled in on the basis of the recommendation of the PPSC. The selectees are not party to this petition.
When questioned, the learned counsel for the petitioner stated that in the circumstances, he will be satisfied if the petitioners are allowed to compete in further for the post of Assistant Executive Engineer in the Irrigation and Power Department on the basis of the upper age limit for the post in the Communication and Works Department.
7. For what has been stated above, it is held that the Rule 12 of West Pakistan Engineering Service Clause (1) Rules, 1967, prescribing 25 years as the upper age limit for direct recruitment to the post of Assistant Executive Engineer in the Irrigation and Power Department is discriminatory vis-a-vis the upper age limit for the candidates for appointment to the said post in the Communication and Works Department of the Punjab Government, It is, therefore, directed that it should be suitably amended to provide the same upper age limit as prescribed for recruitment to the said post in the Communication and Works Department. This exercise shall be completed before sending a requisition to the PPSC for any further recruitment as Assistant Executive Engineer in the Irrigation and Power Department.
8. This petition is disposed of in the above terms. A copy of this judgment shall be sent to the Chief Secretary, Punjab, the Secretary, Irrigation and Power Department Govt, of the Punjab and the Chairman Punjab Public Service Commission. The Secretary Irrigation Punjab Department directed to report compliance of this judgment to the Additional Registrar (Judicial) of this Court.