Petitioner challenged rejection of his application for Junior Lineman post due to age bar. Court held petitioner overage by nearly four years and not eligible for SC/ST/BC relaxation, dismissing the writ petition as devoid of merit.
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THE HON'BLE SRI JUSTICE N.V. RAMANA
Writ Petition No.13853 of 2006
Dated: 11.07.2006
Between:
I.M. Satyanarayana Murthy, S/o M. Gopala Krishna, H.No.LIGH-17, Housing Board Colony, Adilabad.
.... PETITIONER
AND
The Chief General Manager (HRD), APNPDCL, Warangal and another.
.....RESPONDENTS
THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.13853 of 2006
Order:
Questioning the action of the respondents in not considering his application for appointment to the post of Junior Lineman on contract basis on the ground of overage, the petitioner filed the present writ petition.
The petitioner states that he worked as Contract Labour in APSEB from 1990 to 1999. The case of the petitioner is that pursuant to the notification, dated 06.06.2006, issued by the respondents inviting applications from the eligible candidates for filling up the posts of Junior Linemen on contract basis, he applied for the same, but the respondents rejected his application on the ground that he is over aged. Aggrieved by the same, the petitioner filed the present writ petition seeking to direct the respondents-Corporation to consider his application for the post of Junior Lineman.
Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents-Corporation.
As per the terms and conditions of the notification dated 06.06.2006 issued by the respondents-Corporation inviting applications from eligible candidates for appointment to the post of Junior Lineman on yearly contract basis, the age prescribed for applying to the said post is candidate should be not below 18 years and should not be above 35 years as on the date of notification, and the relaxation of upper age limit by five years is permissible in the case of candidates belonging to SC/ST/BC.
According to the own admission of the petitioner, his date of birth is 11.08.1967, and if the said date is reckoned for computing the age to
be eligible for applying the said post, the petitioner is over aged by three years nine months and twenty-five days as on the date of issuance of notification. Since the petitioner is over aged, he is not eligible to apply for the said post, and no exception can be taken to the action of the respondents-Corporation in rejecting the application of the petitioner on the ground that he is over aged, and more so when it is not even his case that he belongs to SC/ST/BC, and as such, he is entitled to relaxation in the upper age limit.
The writ petition is devoid of merit and the same is accordingly dismissed. No costs.
___________________ N.V. RAMANA, J. Date: 11.07.2006 Nsr/Ksr
2 issues framed by the court
Whether the High Court can direct appointment of a petitioner who is over the prescribed age limit for the post.
Whether the petitioner is entitled to relaxation in upper age limit on ground of OBC status without proving it.
I.M. Satyanarayana Murthy
The Chief General Manager (HRD), APNPDCL, Warangal
another
N.V. Ramana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
