Petitioner sought a writ to quash a communication rejecting his candidature for Village Assistant post on age grounds. Court held that petitioner crossed the maximum age limit and noted the earlier G.O. granting relaxation was replaced/amended by subsequent Rules effective prior to selection.
No costs. Petitioner's application for appointment rejected on age bar.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2013
CORAM:
THE HON’BLE MR. JUSTICE K.CHANDRU
W.P.No.3633 of 2013
and M.P. Nos. 1 & 2 of 2013
A.Annadurai ... Petitioner
Vs 1.The Tahsildar, Tittakudi Taluk, Cuddalore District 2. The Revenue Divisional Officer, Virudachalam, Cuddalore District 3. The District Collector, Cuddalore District, Cuddalore ... Respondents
Writ Petition under Article 226 of the Constitution of India praying for a Writ of certiorarified mandamus calling for the records of the Note in Na.Ka. [m3]/1111-2010 dated 23.12.2011 of the first respondent and quash the same and consequently direct the first respondent to consider the candidature of the petitioner for the post of Village Assistant on the basis of the interview held on 09.09.2010 as per the proceedings of the first respondent in Na.Ka.(A3.) No.1011/2009 dated 25.08.2010.
For Petitioner :: Mr.A.Mohan
For Respondents :: Mr.R.Govindasamy, AGP
Mr.R.Govindasamy, the learned Additional Government Pleader takes notice for the respondents.
Village Assistant within six weeks, if they were otherwise eligible.
"54-B. Age concession for persons affected due to the ban on direct recruitment – Notwithstanding anything contained in the Special rules for the various State and Subordinate Services or in any adhoc rules applicable to any temporary post in the case of a person who has been affected due to the ban on direct recruitment that was imposed on the 29th November 2001, the upper age limit shall be raised to a maximum period of five years reckoned on and from the 17th July 2006, ending with the 16th July 2011, in computing his age for appointment to any post under the State Government, except the categories of posts of Teachers, Doctors and Police Constabulary and shall be applicable in respect of notifications issued or selections made by competent https://hcservices.ecourts.gov.in/hcservices/ recruiting authorities or appointments made by competent appointing authorities during the aforesaid period."
Sd/-
Asst. Registrar.
/true copy/
Sub Asst. Registrar.
Msk
To
1.The Tahsildar,
Tittakudi Taluk,
Cuddalore District
2. The Revenue Divisional Officer,
Virudachalam, Cuddalore District
3. The District Collector,
Cuddalore District, Cuddalore.
1 CC To Mr.A.Mohan, Advocate SR NO.8701
1 CC to Government Pleader SR 9026
W.P.No.3633 of 2013
mg[co]
gp/25.2
2 issues framed by the court
Whether an applicant who has crossed the fixed age limit for the post of Village Assistant, despite claiming relaxation under G.O.Ms.No.98, is eligible for appointment.
Whether the G.O.Ms.No.98 P & AR dated 17.7.2006 regarding age relaxation is in force or has been replaced/subsumed by subsequent rules.
A.Annadurai
The Tahsildar, Tittakudi Taluk, Cuddalore District
The Revenue Divisional Officer, Virudachalam, Cuddalore District
The District Collector, Cuddalore District, Cuddalore
K.Chandru
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
