| Case ID |
0b994c0e-ab4c-4743-b6cf-625873cee9a5 |
| Body |
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| Case Number |
C.A. No. 174 of 2020 |
| Decision Date |
Jul 27, 2021 |
| Hearing Date |
|
| Decision |
The appeal was dismissed as the judgment of the High Court was found to be free from any illegality or infirmity. The court upheld that the respondent was entitled to automatic relaxation in the upper age limit due to continuous service without any break, satisfying Rule 4(v) of the applicable rules. The argument that the respondent was overage was dismissed based on the verification of prior service. The case emphasized the importance of considering prior temporary service in determining eligibility for age relaxation under the relevant rules. The court concluded that the judgment of the High Court did not warrant any interference. |
| Summary |
In the case of C.A. No. 174 of 2020, the Supreme Court of Azad Jammu & Kashmir addressed the issue of age relaxation for a primary teacher's appointment. The appellant, ABADULHAQ, contested the appointment of Respondent No. 5, who was over the age limit at the time of application. The case revolved around the interpretation of the Azad Jammu & Kashmir Civil Servants (Relaxation of Upper Age Limit) Rules, 1997, particularly Rule 4(v), which allows for age relaxation for candidates who have served continuously without a break. The court found that the respondent's previous temporary service qualified him for automatic age relaxation, leading to the dismissal of the appeal. This case is significant for understanding age relaxation policies and the criteria for civil servant appointments in AJ&K. Keywords: Age Relaxation, Civil Servants, Supreme Court, Legal Precedent, Employment Law. |
| Court |
Supreme Court (AJ&K)
|
| Entities Involved |
Not available
|
| Judges |
RAJA SAEED AKRAM KHAN, CJ,
RAZA ALI KHAN, J.
|
| Lawyers |
Raja Iqbal Rasheed Minhas, Advocate for Appellant,
Sardar Abdul Sammie Khan, Advocate for Respondents No. 5,
Raja Ayaz Ahmed, Assistant Advocate for General official-Respondent
|
| Petitioners |
ABADULHAQ
|
| Respondents |
others,
SECRETARY ELEMENTARY AND SECONDARY EDUCATION, MUZAFFARABAD
|
| Citations |
2022 SLD 1785,
2022 PLJ 10
|
| Other Citations |
2015 SCR 732,
2020 SCR 492
|
| Laws Involved |
Azad Jammu & Kashmir Civil Servants (Relaxation of Upper Age Limit) Rules, 1997
|
| Sections |
4(v)
|