LAWS(KER)-2014-2-109

SREEKALA G.K. Vs. STATE OF KERALA

Decided On February 21, 2014
Sreekala G.K. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) WE have heard the learned standing counsel for the Public Service Commission and the learned Senior Government Pleader quite in extenso.

(2.) THE facts are not in dispute. PSC's notification inviting applications had prescribed the last date of application as 2.6.2010 prescribing the age limit as on 1.1.2010. Petitioner, being a member of a category in which age relaxation is available, was entitled to apply, had she not attained 42 years of age as on 1.1.2010. Though she had crossed that age limit, she applied. That application was processed as a matter of routine; she wrote the competitive examination and was shortlisted. Thereafter, PSC noted that she was not eligible for even applying, since she had crossed the prescribed age limit. Her name was then removed from the shortlist. She moved the Kerala Administrative Tribunal on the plea that the Government decision in 2012 to raise the retirement age by one year has been given a reciprocal impact on the enhancement of the intake age limit and therefore, such enhancement should be made applicable in the case of the petitioner also. The Tribunal noted that in the notification against which the petitioner applied, the cut off date for age limit was 1.1.2010 and the last date for application was 2.6.2010. Obviously, the Government decision which came in 2012 could have no impact on the prescriptions and the effect of the PSC notification in the case in hand.

(3.) FOR the foregoing reasons, we see no merit in this original petition.