K P JAYARAMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) It is unfortunate that the petitioner despite having received high commendations from the General Office Commanding in Chief, Army Training Command, who has praised the petitioner for his efficiency, competency, dedication and dutifulness that commendations having been given to him on the 15th of August 1999 the petitioner is still languishing as a lab attendant and despite his performing the work of Lower Division Clerk he has been denied the status of being a LDC on the only ground that he was over 45 years of age and is therefore, not entitled to take the departmental test, which is a pre-requisite for securing an appointment as LDC.

(2.) It is an admitted fact that the petitioner had been allowed to take the test before he reached the age of 45. In that test in merit ranking he was not placed at a sufficiently high level so as to enable him to secure the appointment. But that was also the position in respect of one K.S.Pillai who also took the same test in the year 1997. It is admitted that K.S.Pillai was aged 47 when he took the examination. He had been permitted by the competent authority to take that examination despite his having crossed the age of 45. The respondents' counsel states that the reason was that it was done as a welfare measure. We do not see why that spirit of extending a helping hand to those who are otherwise competent but had crossed the age bar should not be given, especially to the petitioner here whose efficiency, competency, dedication and dutifulness, had been praised by the Head of the Training Command of which the institution in which he is now serving is but a part.

(3.) It has also been brought to our notice that Pillai referred to earlier was appointed as LDC when he was aged 51 years, that appointment having been made in the year 2001. The petitioner here is now aged 50 years. We do not see any good reason why the relaxation that had been granted to Pillai should not be granted to the petitioner as well, and he also be allowed to take the examination, and if found successful given the appointment.