G GUNASEKARAN Vs. DISTRICT EMPLOYMENT EXCHANGE OFFICER

JUDGEMENT

(1.) THE present writ petition is directed against the impugned order dated 25.02.2008 passed by the 1st respondent disqualifying the petitioner on the ground that he has crossed the age limit of 40 years on 01.07.2008 for the post of Overseer.

(2.) LEARNED counsel appearing for the petitioner placed three fold submissions. Firstly, he contended that even before the petitioner could cross the age of 40 years on 01.07.2008, the 1st respondent passed the impugned order dated 25.02.2008 disqualifying the petitioner for the post of Overseer without any basis and such exercise is legally unsustainable. Secondly, it was contended that when the G.O.Ms.No.96 itself was passed on 06.06.2008 stating that 40 years is the age qualification, disqualifying the petitioner much before the said GO came into force on 06.06.2008, is beyond the authority of the 1st respondent, therefore, the impugned order passed by the 1st respondent is liable to be set aside. Thirdly, he supported the prayer on the basis of the relaxation given by the G.O.Ms.No.98, dated 17.07.2006, whereby the Government has directed that the upper age limit for entering into Government service shall be relaxed by five years to enable the unemployed youth affected by the ban order on recruitment to apply for Government jobs. Therefore, the G.O.Ms.No.98, dated 17.07.2006 is squarely applied to the case of the petitioner to get the post of Overseer. Since all the aforesaid points were not considered, he sought for setting aside the impugned order.

(3.) THE petitioner was admittedly born on 03.03.1968. When the requisite age limit has been fixed as 35, the petitioner has already crossed the age of 40 years on 02.03.2008. When he has already crossed the age limit, though the impugned order dated 25.02.2008 has mentioned that the petitioner is disqualified on reaching the age on 01.07.2008, it does not give any rights to the petitioner to say that G.O.Ms.No.96, dated 06.06.2008 will not be made applicable, since it has come into force only on 06.06.2008, but the petitioner admittedly has crossed the age limit on 02.03.2008.