Law:

Section:

Azad Jammu and Kashmir Civil Servants Act (VI of 1976)--- --------S. 12---Azad Jammu and Kashmir Civil Services Pension Rules, 1971, R.3.5---Conditional appointment of employee---Non-fulfillment of condition by employees---Retirement of employees from service after completion of 25 years of service---Principle of audi alteram partem---Applicability---Public interest---Primary teachers, in the present case, were appointed in Education Department due to non-availability of matriculate candidates, subject to acquire by them the requisite qualification i.e. matriculation---Employees could not improve their qualification and they were retired from service---Validity---None of the employees had challenged any provision of the Rules made under Azad Jammu and Kashmir Civil Servants Act, 1976---Said Rules might have application for the purpose of regulating the terms and conditions of service of teachers of education department---Civil servant could be retired on completion of 25 years of service or earlier in the public interest---Retirement orders passed after 25 years of service could not be held to be without lawful authority---Primary teachers had been retired on completion of due process with full pensionary benefits---Employees from the day one were aware of the fact that for continuation of service they would have to improve their qualification and pass the matriculation examination---Employees could not improve their educational qualification in 25 years and could not fulfill the imposed conditions---Sufficient opportunity had been provided to the employees and principle of audi alteram partem had not been violated---Retirement orders of the employees were in the public interest---Candidates who had been selected on merit were highly qualified---Notifications of retirement of employees would be effective from the date of issuance---Retired employees would be entitled for the pensionary benefits accordingly---If any service had been rendered by them after the impugned notifications then same should be treated as re-employment on contract---Retired employees whose retirement orders had been set aside by the Service Tribunal and such order had not been challenged…

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