E.T. CHANDRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) S. M. Chandrashekar, learned senior counsel appearing for petitioners at the outset submits that he would confine these writ petitions only insofar as it relates to Application Nos.1415/2007 and 1416/2007 passed by Tribunal. His submission is placed on record and these petitions are confined to only Application Nos.1415/2007 and 1416/2007.

(2.) Petitioners herein, questioning the correctness or otherwise of the impugned common order dated 1st January 2009, passed by the Karnataka Administrative Tribunal, at Bangalore, only insofar as it relates to Application Nos.1415/2007 and 1416/2007, produced at Annexure-A, have presented these writ petitions. Further, they have sought to declare that the impugned Notification prescribing prohibition on the basis of letter dated 2nd February 2006, bearing No.O.E/90/Po.Si.Aa/ 2005, in respect of Ex-Servicemen, as void and to direct the respondents to consider the petitioners' case for recruitment to the post of 'Police Sub Inspectors' in pursuance of the Notification.

(3.) Petitioners herein along with others had filed Application Nos.1415/2007 and 1416/2007 on the file of the Karnataka Administrative Tribunal, Bangalore, (hereinafter referred to as 'Tribunal' for short), contending that they are the ex-servicemen, released from the Armed forces seeking recruitment to the post of Police Sub-Inspector in the reserved vacancies meant for Ex-servicemen. It is the policy of the Union and the State Governments to provide employment to the Exservicemen after they are discharged from the Armed Forces to ensure their appointment into the Civil posts under the State Government and Union Government till they reach the age of 58 years or 60 years, as the case may be. The normal qualifying age for recruitment to civil and other posts is fixed between 21 and 24 years in case of General Merit candidates and relaxation in the age for Scheduled Castes and Scheduled Tribes is provided upto 26 years. The uniform policy of the Union and the State Government for recruitment of Exservicemen is to relax the age by number of years of exservice in the armed forces plus three years, so as to make them eligible to the post. The object behind providing three years relaxation is to make sure that an Ex-serviceman is absorbed in the civil post within three years from the date of release from the Army. To achieve this object, the State Government has made a provision in the Karnataka Civil Services (General Recruitment)Rules, 1977, (hereinafter refereed to as the "General Recruitment Rules, 1977" for short), providing for relaxation of age by three years plus number of years of service rendered in the Armed forces under Rule 6 (3)(c) of the General Recruitment Rules, 1977. Accordingly, the petitioners herein had applied for recruitment to the posts of Police Sub-Inspectors in pursuance of the Notification dated 25th September 2006. The Notification prescribes a prohibition for those Ex-servicemen who are working in any civil post or in the Police Department from seeking recruitment under the Notification. It is the case of petitioners that the said prohibition, which is imposed on the basis of the letter dated 2nd February 2006, is illegal and without any authority of law.