ZUBEDA AKHTER Vs. STATE

JUDGEMENT

(1.) The petitioner, on the strength of case set up in the petition, seeks following reliefs:-

(2.) The facts relevant to disposal of the writ petition are as under:-

(3.) The petitioner's case is that the requirement of upper age limit of 39 years for appointment by selection to the post of Supervisor does not find mention in Recruitment Rules of 1991 amended upto date and that the respondents lacked authority to deny promotion to the petitioner on the ground of her having crossed upper age limit. Having regard to Recruitment Rules of 1991 read with SRO 29 of 7.2.2005, the petitioner pleads, she having passed higher secondary examination Part-I and having 20 years service as Anganwari Worker to her credit, is eligible for promotion to the post of Supervisor in terms of Jammu and Kashmir Reservation Act, 2004 read with Jammu and Kashmir Reservation Rules, 2005 notified Vide SRO 294 of 21.10.2005 and that recommendation for relaxation of age is in conflict with the rule position as also the practice in vogue where under a large number of Anganwari Workers in the age group of 40 to 57 stand promoted to the post of supervisor.