Dismissed

Darshan Kaur v. State of Punjab and Anr.

Punjab & Haryana HC8 Jan 2010LPA/405/2009

Case brief

AI extract

What is this about?

In this appeal, the Patiala High Court dismissed the appellant's challenge to her rejection from the post of Block Primary Education Officer. The court held that the 5-year age relaxation for Scheduled Castes applied only to fresh candidates within the 18-37 range, while the advertisement specifically fixed the age limit at 45 for serving candidates without allowing further relaxation.

What the court decided

AI extract

Darshan Kaur Vs State of Punjab and… — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

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L.P.A. No.405 of 2009 (O&M) Date of decision: 8.1.2010

Darshan Kaur.

-----Appellant

Vs.

State of Punjab & another.

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-----Respondents

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CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH

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Present:Mr. P.S. Goraya, Advocate for the appellant.

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ORDER:

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This appeal has been preferred against order passed by learned Single Judge, dismissing the writ petition of the appellant seeking direction to consider her name for the post of Block Primary Education Officer.

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The appellant applied for the post of Block Primary Education Officer in pursuance of advertisement dated 1.10.2006, Annexure P-1, but his candidature was rejected on the ground that he was aged 48 years while maximum age limit was 45 years. The appellant challenged the rejection by submitting that there was a provision for relaxation of age by 5 years in the case of Scheduled Caste candidates. This submission was opposed

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LPA No.405 of 2009

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by submitting that relaxation provision was applicable only for fresh candidates for whom the prescribed age limit was 18 to 37 years. Learned Single Judge did not find any merit in the claim of the appellant.

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We have heard learned counsel for the appellant.

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Learned counsel for the appellant submits that observation in the impugned order that the appellant being an inservice candidate, must have already got the benefit of age relaxation when entered into service was not correct. The appellant never availed the said benefit.

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Even if we assume that the appellant did not avail the benefit of age relaxation at the time of entering into service, the appellant cannot be held to be eligible for age relaxation beyond 45 years. Relevant Clause 8 of the advertisement is as under:-

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“8. On 1.1.2006 the age should be between 18 to 37 (a) age concession for 5 years is admissible to Scheduled Castes/Scheduled Tribes and other backward classes , (b), (c), (d) xxxxxx (e) for persons serving in the Punjab Govt. or in another Govt. or Central Govt. the age is 45 years.”

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The above clause clearly shows that the relaxation of 5 years is admissible in the age between 18 to 37 years and age for the serving candidates is 45 years for which no relaxation is permissible.

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LPA No.405 of 2009

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Learned counsel for the appellant refers to instructions dated 24.1.1979, Annexure P-2, to the following effect:-

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“I am directed to refer to the subject cited above and to say that age concessions as under over and above the age limit prescribed for appointment in services under the State Government are available for the categories as mentioned against each:-

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Scheduled 5 years over and above the Castes/ normal recruitment age.” Backward Classes

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The above instructions are for relaxation of normal recruitment age. The appellant having been already recruited to service, is not eligible for the said relaxation when his case is not covered by relaxation provision in the advertisement in question, referred to above.

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We, thus, do not find any ground to interfere with the view taken by the learned Single Judge.

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The appeal is dismissed.

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(ADARSH KUMAR GOEL) JUDGE

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January 08, 2010 ( ALOK SINGH ) ashwani JUDGE

Darshan Kaur v. State of Punjab and Anr.

Case brief

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Darshan Kaur v. State of Punjab and Anr.

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