AJK Civil Servants Recruitment (Relaxation of age limit) Rules, 1997

  1. Upper age limit — Contention that while issuing advertisement no condition of upper age limit was incorporated, as such the appellant was entitled to apply for the post — Held: All posts in Government departments are regulated by AJ&K Civil Servants Act, 1976 and the rules made thereunder — For regulating the service in the Agriculture Department the AJ&K Agriculture Department Service Rules, 1984 were framed by Government on 17.9.1984 — Post of Junior Clerk finds mention at serial No. 34 where minimum age limit is provided as 18 years and maximum age limit is provided as 28 years. — Maximum age limit of 28 years was extended to that of 35 years — Held: Only those person who were under the age of 35 years were qualified to apply for the post — Held further: The appellant was above 35 years of age, he was not qualified to apply for the post. Janat Hussain v. Saqib Farooq & 4 others 2009 SCR 599 (D)
  2. Upper age limit — Relaxation notification was issued on 14.6.2006 after one month and nine days of appointment order of appellant — Held: Government was not competent to grant relaxation — Held further: The relaxation cannot be retrospective. Janat Hussain v. Saqib Farooq & 4 others  2009 SCR 599  (B)2004 PLC (CS) 7, 1999 PLC (CS) 1493 Rel.
  3. Upper age limit — The rules have specifically been enacted to meet eventualities where persons whose services under the Government have been terminated due to abolition of posts, the persons who served in ex-defence services, persons who have rendered national service and the specialists who spent additional period for acquiring the minimum qualification and for such civil servants who are working as Government servants on permanent, ad hoc, work charge or temporary basis — Held: The rules have no application in the case of persons who are applying for any post in Government service for the first time for a fresh appointment and they never remained in Government service or in National Defence Services — Held further: In light of notification dated 21.10.1993, the Government was not competent to relax the upper age limit of appellant. Janat Hussain v. Saqib Farooq & 4 others 2009 SCR 599 (A)
  4. Rule 4—Relaxation in upper age limit—Under rule 4, relaxation in upper age limit has been provided for persons whose service under the Govt. has been terminated for want of vacancy— the Ex- Defence service personnels, the interval between the date of release from the defence forces of Pakistan, including the Mujahid force and the date of re-employment, subject to maximum of seven years, be relaxed—Relaxation is also provided to the persons who have rendered National service under the Pakistan National Service Ordinance, 1970—the specialists who spent additional period for professional studies/ professional work and the candidate already working as a Govt. Servant on permanent, ad-hoc, work charge, contract or temporary posts, the period of continuous service shall, for the  purpose of upper age limit prescribed under any service rule of the post be excluded. Abid Akram Danish Zaib & 5 others 2015 SCR732 (A)
  5. Rule 4—Paras (I) to (V) —Provide that period mentioned therein shall be excluded while counting the upper age limit—the rule specifically provides the eventualities and the period to be excluded — It confers a right in the persons that the period spent by each of them in cases falling in the rules be relaxed by the authority on application of such persons intending to apply for appointment against any civil post. Abid Akram Danish Zaib & 5 others 2015 SCR732 (C)
  6. Rule 6—The first part of Rule 6, vests powers in the Govt. for relaxation of upper age and lower age limit—the powers of Govt. have been restricted only to those cases where factors for not applying for a post within the prescribed age limit were beyond the human control—Held: the Govt. has no power to grant relaxation in every case whenever an application for relaxation is moved—there may be a case where a duly qualified person remained hospitalized for a long period due to some accident or some serious disease and could not apply for the post at the time of previous advertisement, may be  an example for exercising the powers of relaxation—Further held: the Granting of approval on every application presented to the worthy Prime Minister/ President or Minister, for relaxation of age limit has not been provided by the rule. Abid Akram Danish Zaib & 5 others 2015 SCR732 (E)
  7. Rule 6—Held: Exercising of powers for relaxation in age limit in every case without assigning reasons and ground, mentioned in rule 6 are not warranted by Rules. Abid Akram Danish Zaib & 5 others 2015 SCR732 (G)
  8. Rule 6— second part—procedure for grant of relaxation in the age limit by the Govt.—approval of the Govt. for relaxation of age limit be obtained by the concerned department— the application for relaxation in age limit has to be moved to the concerned department, whereas vacancies are required to be filled and the concerned departments shall initiate the case and obtain the approval of Govt. for relaxation—Held: Any relaxation which is granted without initiation of case from the concerned department is not approved by the Rules. Abid Akram Danish Zaib & 5 others 2015 SCR732 (H)
  9. Held: The Govt. has power to relax the upper age limit only in cases involving the factors beyond the human control and not otherwise and also that the process for age relaxation shall be initiated from the concerned department. Abid Akram Danish Zaib & 5 others 2015 SCR732 (I) 
  10. —Held:the approval of the Government in this regard had to be obtained by the Department concerned through Services and General Administration Department. I.G Police Prisons vs Shezaib Ali & others 2018 SCR 409 (C)
  11. —AJ&K Armed Services Board Department Service Rules, 2015—post of Deputy Director—age limit—Ex-Defence personnel —induction of—in the case of an Ex-Defence personnel, the interval between the date of his release from the Defence Forces, including Mujahid Force and date of re-employment in a civil deptt., subject to a maximum of seven years—the whole period of service rendered in such Forces shall, for the purposes of upper age limit be excluded. Director AJ&K Armed Services Board  v.  Abdul Qayyum Khan & another 2020 SCR 492 (A)
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