The petitioner, appointed Director Sainik Welfare, sought extension of service beyond 60 years. The Court held the appointment was validly extended till age 60 per the 1986 Rules and dismissed the petition for further extension.
None granted. The petition for extension of service beyond age 60 is rejected.
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In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 17362 of 2014 (O&M)
Date of Decision: 29.8.2014
Brig. Manjit Singh (Retd.)
... Petitioner
Versus
Union of India and Another
... Respondents
CORAM: Hon'ble Mr. Justice G.S.Sandhawalia.
Present: Mr. R.K.Samyal, Advocate for the petitioner.
G.S.Sandhawalia, J. (Oral)
Civil Misc. No. 10535-CWP of 2014
Application for seeking exemption from filing of certified copies of Annexures P6 & P7 is allowed, subject to all just exceptions.
Civil Misc. No. 10536-CWP of 2014
Application for placing on record the copy of appointment letter (Annexure P6) and letter of extension (Annexure P7) is allowed, subject to all just exceptions.
Documents (Annexures P6 & P7) are taken on record.
Civil Writ Petition No. 17362 of 2014
The present writ petition has been filed for seeking direction to the respondents to extend the service tenure of the petitioner in view of the guide-lines issued to the respondent No.1 and the recommendations of the High Powered Committee chaired by the Chief Secretary of the State of Punjab.
Perusal of the appointment letter dated 29.11.2011, which has
DEEPAK KUMAR BHARDWAJ 2014.09.02 16:16 I attest to the accuracy and integrity of this document
Civil Writ Petition No.17362 of 2014 (O&M)
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now been placed on record as Annexure P6, would go on to show that the petitioner was appointed on 2.12.2011 as Director, Sainik Welfare, Punjab. The selection was till the completion of 58 years of age or till the completion of extension of service upto 60 years of age. Relevant clause (3) of the said letter reads as under:-
“(3) The selection is made till the completion of 58 years of age. But keeping in view your departmental achievements, the Govt. can consider extension of service for two more years (till the completion of 60 years of age).”
Thereafter, vide order dated 8/24.8.2012 (Annexure P7), his tenure was extended from 1.9.2012 to 31.8.2014 (till the age of 60 years) as per Rule 8(6) of the Punjab Defence Service Welfare “State Service Class-1 Rules, 1986 (In short “1986 Rules”)
Perusal of the 1986 Rules (Annexure P1) would go on to show that the Director, Sainik Welfare is entitled to hold office upto the age of 60 years and extension can be granted for two terms, whichever is earlier. Rule 8(6) of the 1986 Rules reads as under:-
“(6) The Director Sainik Welfare shall be appointed for a term of two years which will be extended for a period of two years at a time subject to the condition that the officer has a satisfactory record of service.
Provided that an officer shall not be granted extension, if he attains the age of sixty or if he avails extension for two terms, whichever is earlier.”
In pursuance of the above said Rules, it would be clear that
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there is a cap on appointment i.e. till the age of 60 years. In the second extension, granted to the petitioner vide order dated 8/24.8.2012 (Annexure P7), his appointment had been extended till the age of 60 years, as per the permissible Rules, till 31.8.2014.
Accordingly, no case is made out for the relief, which has been sought for, as no direction can be given for extension beyond the age as provided under the Rules.
Accordingly, the present petition is dismissed.
(G.S.Sandhawalia) Judge
August 29, 2014 “DK”
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2 issues framed by the court
Whether the petitioner is entitled to an extension of service beyond the age of 60 years pursuant to the Rules governing the Director, Sainik Welfare.
Whether the petitioner's appointment having already been extended till completion of 60 years, no further direction can be given for extension.
1 provisions across 1 enactments
Brigadier Manjit Singh (Retd.)
Union of India
G.S. Sandhawalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
