HOMANLAL HIRWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Declining to interdict with the decision of respondent- 2 dated 14.06.2018 by learned Single Judge vide order dated 17.07.2018 in WPS- 4604 of 2018, made the appellants/petitioners to approach this Court by filing this Writ Appeal.

(2.) Facts of the case, in a nutshell, are that Zila Panchayat Balod/ respondent-2 issued an advertisement calling applications from eligible candidates for appointment on the posts of Shiksha Karmi Grade I, Grade II & Grade III and Physical Education Teachers. In pursuance of the said advertisement, appellants submitted applications for their appointment on the post of Physical Education teacher. Applications submitted by the appellants were rejected on the ground of overage. The action of respondents- 2 & 3 rejecting application for appointment was challenged by way of filing Writ Petition before the High Court mentioning therein that they being Green Card holders (Cards for family planning operation by himself or spouse), were entitled for age relaxation of two years. The case projected by the petitioners in Writ Court in WPS-3065 of 2010 was that they are entitled for benefit of two years' age relaxation as their spouses have undergone Family Planning Operation and are also Green Card holders. The claim was on the basis of Circular dated 30.01.1989 issued by State Government granting benefit of two years' age relaxation in upper age limit to the Green Card holders but respondent- Zila Panchayat has not considered the document ie Green Card annexed along with their application and Circular dated 30.01.1989. The Writ Petitions filed by the appellants were allowed in their favour along with other Writ Petitions on 27.07.2012 and following order was passed by the learned Single Judge:

(3.) Pursuant to the above order, appellants were given appointment on 11.02.2013. After being appointed, they continued in their service without any objection of any nature.