MAHESH KUMAR VERMA Vs. STATE

JUDGEMENT

(1.) Heard Learned Counsel for the petitioner and learned standing counsel for the State-respondents.

(2.) The petitioner applied for the post of junior clerk under the category of a retrenched employee. The petitioner's case was not considered by the Selection Committee. He filed a representation and thereafter approached this Court by filing a writ petition, wherein a direction was issued to the authority concerned to decide his representation. The authority by an order dated 25th January, 2002 rejected the claim of the petitioner on the ground that he was not a retrenched employee and therefore, he could not be considered for the post of junior clerk within that category. Hence, the present writ petition.

(3.) The present writ petition was earlier decided by the writ court vide order dated 11th April, 2005 and it was held that even after granting relaxation of age, as claimed by the petitioner, he was overage and therefore, it was not necessary to enter into the issue as to whether the petitioner was a retrenched employee or not. Not being satisfied with the order of the writ court, petitioner filed Special Appeal No. 681 of 2005. The Division Bench, after setting aside the order of the writ court vide judgment and order dated 22nd February, 2010, provided that the matter may be re-examined in light of the observation made in the judgment. The Division Bench has noticed that in terms of the Government order dated 27th March. 1982, petitioner was entiteld to relaxation in the outer age limit, in addition to the relaxation of five years provided for Other Backward Class Category candidates to which the petitioner belongs. Accordingly, the present writ petition has come up for consideration again before this Court today.