Islamabad:

The Supreme Court on Tuesday upheld the order of the Sindh High Court (SHC) regarding the notification dated September 8, 2020, quashing the Sindh government’s decision to relax the upper age limit by 15 years.

The Sindh government had issued a notification for relaxation of the upper age limit for the recruitment of civil servants through the Sindh Public Service Commission (SPSC). It was informed that the general age relaxation is applicable to the vacant posts in all the departments of Sindh Government.

The 16-page judgment written by Justice Muhammad said, “The power of relaxation in age up to 2 years rested with the secretary of the concerned department, while the chief secretary had the power to relax the age by 5 years only.” “Ali Mazhar.

“Even in the APT rules, the maximum age relaxation was 10 years which in itself was grossly unfair and excessive, and by setting a notional standard instead of curtailing the period And keeping in mind the principles of reasonableness and proportionality, the Government of Sindh extended the age relaxation by 15 years without any justification or reason.

It said that on judicial notice of an unconstrained exercise of discretion, by extending a large benefit of age relaxation, the Chief Secretary clearly admitted the anomaly but also gave an unreasonable justification that Since no major appointment has been made in more than a decade, this benefit was thus given.

“No one has stopped the government from starting the recruitment process through SPSC as per human resource requirement and if, for any reason, the Sindh government stops or restricts the recruitment, then it has unfettered discretion. It does not grant a license to use. Age relaxation is beyond logic,” the judgment said.

In the context of recruitment in the case, the judgment held that the maximum age was 30 years. If an additional 15 years is added, if a person is selected for the job, he will join duty below the age of 45 years and retire on reaching the age of 60 years.

“On a tenure of only 15 years, he will be entitled to claim huge pensionary benefits, including other retiring benefits, which is also discriminatory to employees who have given their blood and sweat, and worked for more than 25 years. And served the government for 30 years,” the verdict added.

It said that the Chief Secretary in his brief had rightly admitted that 15 years of public service till retirement would put a heavy burden on the exchequer to administer the pensionary benefits.

In order to avoid and control such financial burden, the Chief Secretary has already asked the Provincial Cabinet to set up a committee to withdraw the notification, repeal Rule 12(2) of the APT Rules and make recommendations. Have sent suggestions to give and present. Draft of Sindh Civil Servants (Relaxation of Upper Age Limit) Rules 2024 for Cabinet approval.

The court held that the purpose of conducting any examination by SPSC is to select and select the most deserving and qualified candidates. Improper selection of “blue-eyed” candidates, based on nepotism, favoritism, or external pressure, will lead to chaos and turmoil in the civil service structure, with serious consequences of unrest and discontent among civil servants. will be born.

“In all fairness, merit should be the sole criterion in the selection process, as it is an integral part of good governance. Lack of transparency in the appointment process or preferential treatment of undeserving candidates amounts to a brutal killing of merit and excellence.” is,” he said.

“The recruitment process should be transparent, ensuring that only qualified people are employed instead of incompetent and unskilled ones. Be allowed,” it continued.

“The most compelling advantage of transparency in recruitment is that it essentially validates and instills public confidence in the impartiality of the process and ensures that there is no manipulation or fraud in appointments,” he said. He added.

The judgment emphasized that a transparent recruitment process should be marked by non-ambiguity, fairness, honesty, and fairness, adding that honesty and integrity are key to improving employability. It is the best source.



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