SURESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is an Office Attendant of NSS College, Manjeri, seeks to direct respondents 1 to 3 to approve the appointment of the petitioner as Office Attendant with effect from 06.11.2014 and disburse consequential monetary benefits without further delay.

(2.) The 4th respondent, Secretary of NSS Colleges Central Committee, issued Ext.P1 notification dated 22.06.2011 inviting applications for selection to the post of Peon in its Colleges affiliated to Calicut University. In Ext.P1 notification, lower or upper age limit was not prescribed for the applicants. The petitioner submitted application. The 4th respondent, after scrutinising the applications, invited the petitioner for interview. A Selection Committee constituted as per the University Statutes and Rules, conducted the interview and selected the petitioner. Accordingly, the petitioner was appointed as Office Attendant as per Ext.P2 order dated 25.10.2014. Pursuant to Ext.P2, the petitioner joined duty on 06.11.2014.

(3.) According to the petitioner, though he was working, he was not paid salary since approval for his appointment was not forthcoming. After more than a year of his appointment, the 3rd respondent-Deputy Director of Collegiate Education issued Ext.P4 letter dated 02.12.2015 seeking explanation from respondents 4 and 5. Ext.P4 stated that the petitioner has crossed the age limit of 35 years as on the date of notification. However, in Ext.P4, it was also stated that the age limit for appointment to the post was enhanced to 36 years with effect from 01.04.2012. The 4th respondent submitted Ext.P5 reply to Ext.P4 pointing out that the Government had extended the age limit from 35 to 36 and at the time of selection, the petitioner satisfied the upper age limit. Thereafter, the appointment of the petitioner was approved by the 3 rd respondent-Deputy Director of Collegiate Education, as per Ext.P6.