Bench: Justice Muhammad Sajid Mehmood Sethi
Case: Ghulam Ghous v. Province of Punjab through Secretary Higher Education Department & Another (W.P. No. 77143 of 2021)
Background
The Lahore High Court (LHC) has declared that employees of autonomous universities are entitled to benefit from the Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976, ruling in favor of a petitioner who was denied appointment as Registrar of Government College University, Faisalabad (GCUF) on grounds of being overage.
The petitioner, Ghulam Ghous, had already served as Registrar at GCUF but was later refused reappointment despite being recommended by the Search Committee twice. The Higher Education Department (HED), Punjab, held him ineligible, claiming that the 1976 Rules applied only to “civil servants” and not to university employees.
Petitioner’s Arguments
- His name was twice recommended by the Search Committee for the post of Registrar.
- Under Rule 3(v) of the 1976 Rules, his previous government service should have been excluded when calculating upper age.
- University employees are government servants under the law and cannot be discriminated against.
Respondents’ Position
- The Punjab HED argued that the age relaxation rules applied only to civil servants, not university employees.
- The petitioner was overage by more than one year, even after applying the general five-year relaxation.
Court’s Findings
Justice Sajid Mehmood Sethi held that:
- Scope of Rule 3(v): The rule explicitly applies to “government servants,” which includes employees of autonomous bodies such as universities, and not only to civil servants.
- Beneficial Rule: Rule 3(v) is a beneficial dispensation intended to advance rights of government employees, including contract staff.
- University Status: GCU Faisalabad, being an autonomous body created by statute, is an extension of the Punjab Government and its employees are considered government servants.
- Unlawful Refusal: Denying the petitioner age relaxation amounted to discrimination and was against law.
Decision
- The court declared the impugned HED letter dated 12.11.2021 illegal.
- Directed that the Search Committee’s recommendation dated 16.07.2021 be processed and finalized at the earliest.
- Constitutional petition allowed.
Key Legal Takeaways
- Employees of autonomous universities are government servants for the purpose of age relaxation under Rule 3(v) of the 1976 Rules.
- Age relaxation and exclusion of government service period are distinct rights that can both be claimed.
- Courts interpret beneficial provisions liberally to advance remedies for government employees.
