#2022LHC1382.
Lahore High Court
Shabbir Ahmad v. Punjab Public Service Commission, etc.
Writ Petition No.561 of 2022
Mr. Justice Muhammad Shan Gul
#2022LHC1382.
Facts: The petitioner was an employee of an autonomous body i.e. Punjab Emergency
Services Rescue 1122 on the closing date of submission of his application for the
post of Lecturer. The Secretary Punjab Public Service Commission (PPSC)
rejected the application of the petitioner without conducting any interview by
stating that the petitioner is over age and the age concession is not applicable to
petitioner being an employee of an autonomous body. The petitioner filed a
representation against rejection of his application which was again rejected by the
Chairman PPSC, hence the instant petition.
Issues: Whether an employee employed with an autonomous body of the province
performing functions, indubitably, in connection with the affairs of the Province
was not a government servant so as to be allowed the benefit of Punjab Civil
Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976?
Analysis: Punjab Civil Servants Recruitment (Relaxation of Upper Age Limit) Rules, 1976
were framed under Section 23 of Punjab Civil Servants Act, 1974. Rule 3(v)
thereof provides that a candidate already working as Government servant, the
period of his continuous service as such shall for the purpose of upper age limit
prescribed under any service rules of the post for which he is a candidate, be
excluded from his age. These rules clearly provide the advantage of upper age
relaxation to a “Government Servant” and not only a Civil Servant”. This Court
in “Punjab Government and others v. Saleem-ur-Rehman and others” (1985 PLC
(CS) 112) clarified that Rules of 1976 intend to encompass and provide advantage
to all servants of Government of the Punjab even those who are excluded from the
definition of Civil Servants in Section 2(b) of the Act, 1974. The view has been
reiterated in “Saleem-ur-Rehman and others v. Government of Punjab through
Secretary, S&GAD, Lahore and others” (1986 SCMR 747) and in “Muhammad
Iqbal v. Government of the Punjab through Secretary Education Schools,
Punjab, Lahore and 4 others” (2020 PLC(C.S.) 747.
The question that gains relevance is whether service of the petitioner with Punjab
Emergency Services, Rescue 1122, an autonomous body at the time, will entitle
him to be treated as a “Government Servant” under the Rules of 1976. Prior to the
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promulgation of Punjab Emergency Service (Amendment) Act 2021, Punjab
Emergency Services, Rescue 1122 was mentioned as an Autonomous Body of
Home Department in Column 4 of the First Schedule. So provision of Emergency
and rescue service is business of the Government of the Punjab, which
business is tasked to be performed by the Home Department and Punjab
Emergency Services is the vehicle and tool through which such business of
the Government is conducted. Employees of autonomous bodies are recognized
by the Government as employees in its service since they are governed by the
provisions of Punjab Employees Efficiency, Discipline and Accountability Act
2006. The Punjab Emergency Services has been established by the legislature
to conduct business of the government of Punjab. Its financial, administrative and
disciplinary matters are regulated by t h e Government of Punjab. Autonomous
Public Bodies are an emanation of the government and are clearly a limb of the
government or even an agency of the State and recognized by and clothed with
rights and duties, either by or under a Statute and thereby become extended arms
of the government. The PPSC’s contention is not that the Petitioner is not a
Government Servant but that its Policy Decision No. 8.2 (b) does not allow him to
be considered so. The effect of this Policy Decision has already been adjudicated
in W.P.No.47449/2021 (Muhammad Jahangir Iqbal Khan Vs. PPSC &
another).This Policy decision is, therefore, read down.
Conclusion: An employee employed with an autonomous body of the province performing
functions in connection with the affairs of the Province is a government servant so
he is entitled to the benefit of Punjab Civil Servants Recruitment (Relaxation of
Upper Age Limit) Rules, 1976.