Law:

Section:

Azad Jammu ,  Kashmir Civil Servants (Relaxation of Upper Age Limit) Rules, 1997-- ----R. 4(v)--Appointment as primary teacher conditionally--Issuance of verification--Obtaining of age relaxation--Filing of writ petition--Dismissed--Entitlement for age relaxation--Previous temporary service period of Respondent No. 5 without break--Challenge to--Filing of application for relaxation in upper age limit is mandatory only when Rule 6, is applicable--Case of respondent falls under Rule 4(v) of Rules, which has an automatic operation and entitles him for relaxation of period during which he remained working on temporary basis without any break in service--No relaxation in upper age limit has been sought by respondent on ground of ‘factors beyond human control’--Judgment passed by High Court is suffering from no illegality or infirmity, hence, not open for any interference--Appeal dismissed. [Pp. 16 ,  17] A, B, C ,  D 2015 SCR 732 and 2020 SCR 492 ref. JUDGMENT Raja Saeed Akram Khan, C.J.--The captioned appeal, by leave of the Court, has arisen out of the judgment of the High Court dated 14.01.2020, whereby the writ petition filed by the appellant, herein, has been dismissed. 2. In consequence of the advertisement dated 21.02.2018, Respondent No. 5, herein, (respondent) was appointed as Primary Teacher through order dated 27.02.2019, with a condition that the order would be deemed non-existent in case the relaxation in the upper age limit is not granted by the concerned. The appellant, herein, called in question the aforesaid appointment order by filing a writ petition before the High Court on the ground that he stands at Serial No. 1 in the waiting merit list, whereas, the official respondents have appointed the respondent who is overage and cannot be appointed as such. In rebuttal, a verification was placed on record before the High Court that the respondent has been serving in the department from 22.05.2014 to 28.02.2019, without any break, hence, as per AJ K Civil Servants (Relaxation of Upper Age Limit) Rules, 1997, (hereinafter to be referred as Rules, 1997) he is entitled for automatic relaxation in the upper age limit. Consequently, the learned…

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