' MAULVI ANWARUL HAQ, J.--- The petitioner is stated to have been recruited as a Foot Constable in the Punjab Police on 4-2-1999. Presently, he is performing duties as a Wireless Operator with the Highway Patrolling Police. In response to an advertisement, dated 2-1-2006 which was got published by the respondent No,1, he filed an application for appointment as an A.S.-I. He also obtained the permission of the departmental authority for this purpose. He appeared in the examination and was declared successful. Vide letter dated 19-10-2006 the respondent No,1 informed him that his application has been rejected as he was over-age by one year 9 months and 23 days. An appeal filed against the said intimation was rejected on 3-11-2006.
2. Learned counsel for the petitioner contends with reference to the case of Muhammad Qasim and 6 others v. Home Department Government of the Punjab through Secretary, Civil Secretariat, Lahore and 2 others 2000 PLC (C.S.) 69 that he being in service candidate, was entitled to relaxation of age under the Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976. Learned Additional Advocate-General assisted by the Senior Law Officer of the respondent No,1 contends that the terms and conditions as notified in the advertisement were received from the Department and since the petitioner was above age limit prescribed, his application has been rightly rejected by the respondent No, 1 .
3. I have considered the said contentions of the learned counsel and the learned Law Officer. There is no denial that the petitioner is in service. This being so, Rule 3(v) as amended comes to his aid.
The same is reproduced hereunder:-- "(v) In the case of a candidate already working as a Government servant, the period of his contiguous service as such shall for the purpose of upper age limit be prescribed under any service rules of the post for which he is a candidate, be excluded from his age.
' Provided the upper age limit shall not exceed 35 years for recruitment to any post to be filled in on the recommendations of the Punjab Public Service Commission on the basis of the combined competitive examination."
' There is no dispute that the petitioner was within the said permissible age limit when he applied for the said appointment. The writ petition accordingly is allowed. The impugned orders, dated 3-11-2006 and 19-6-2006 of the respondent No,1 are declared to be without lawful authority and void and are set aside. The application of the petitioner shall be processed in accordance with law. No orders as to costs.