ABAD-UL-HAQ vs SECRETARY ELEMENTARY AND SECONDARY EDUCATION R — 2022 MLD 161 SUPREME-COURT-AZAD-KASHMIR

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ABAD-UL-HAQ VS SECRETARY ELEMENTARY AND SECONDARY EDUCATION R.4---Relaxation of age limit---Serving employee of government---Scope---Appellant challenged the appointment of respondent on the ground that at the time of filing the application for appointment, the respondent was overage, hence, his appointment was illegal---Scope---Rule 4(v) of the Azad Jammu and Kashmir Civil Servants Recruitment (Relaxation of Age Limit) Rules, 1997, provided that in case of a candidate already working or had been working as a Government Servant on permanent, ad hoc, work charge, contract or temporary basis, the period of his continuous service as such, would, for the purpose of upper age limit prescribed under any service rules of the post for which he was a candidate, be excluded from his age---Verification issued by District Population Officer showed that the respondent had been serving in the Population Welfare Department as Social Mobilizer and Junior Clerk on temporary basis---Last Pay Certificate, issued in his favour, further strengthens the verification---After excluding the aforesaid period, in the light of R.4(v), the respondent was not overage, hence, the High Court had committed no illegality while dismissing the writ petition---Appeal was dismissed. Head NotesCase Description Citation Name: 2022 MLD 161 SUPREME-COURT-AZAD-KASHMIRBookmark this Case ABAD-UL-HAQ VS SECRETARY ELEMENTARY AND SECONDARY EDUCATION R.6---Relaxation of age limit---Scope---Filing of application for relaxation in the upper age limit is mandatory only when R.6 of Azad Jammu and Kashmir Civil Servants Recruitment (Relaxation of Age Limit) Rules, 1997, is applicable, which provides that relaxation of age limit shall be allowed rarely and only in the cases involving factors beyond human control which merit due consideration. Head NotesCase Description Citation Name: 2022 MLD 161 SUPREME-COURT-AZAD-KASHMIRBookmark this Case ABAD-UL-HAQ VS SECRETARY ELEMENTARY AND SECONDARY EDUCATION R.4---Relaxation of age limit---Scope---Perusal of R.4 of Azad Jammu and Kashmir Civil Servants Recruitment (Relaxation of Age Limit) Rules, 1997, shows that relaxation in upper age limit has been provided for the persons whose service under the Government has been terminated for want of vacancy and in the case of Ex-Defence personnel, the interval between the date of his release from the Defence forces of Pakistan, including the Mujahid Force and the date of re-employment in a Civil Department, has been relaxed---Relaxation is also provided to the persons who have rendered National Service under the Pakistan National Service Ordinance, 1970---Likewise, relaxation is also provided to the specialists who spent additional period in pursuit of their professional studies and to the candidate already working as a government servant on permanent, ad-hoc, work charge, contract or temporary basis---Shortly stated, clauses (i) to (v) of Rule 4, categorically postulate that the period mentioned therein shall be excluded while counting the upper age limit---By using the word "excluded" the relevant authority has been vested with the power to exclude the period mentioned in each category. Head NotesCase Description

ABAD-UL-HAQ vs SECRETARY ELEMENTARY AND SECONDARY EDUCATION R — 2022 MLD 161 SUPREME-COURT-AZAD-KASHMIR

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