DILIP V.SAWANT Vs. STATE OF GOA

JUDGEMENT

(1.) The Petitioner, who was working as a Draughtsman, Grade-II in Town And Country Planning Department, Government of Goa, had applied for the post of Deputy Town Planner pursuant to an advertisement. His application was rejected on the ground that he was age barred, being forty five years and five months old on the relevant date. According to the Petitioner, since he is a Government Servant belonging to Other Backward Class, he is entitled to relaxation of age upto to forty eight years. He asserts that age relaxation meant for Government Servants has to be read cumulatively with the age relaxation meant for the Other Backward Class candidates. Whether he is right in his interpretation is the short question to be decided in this petition.

(2.) Since the year 1990 the Petitioner is working in the Town and Country Planning Department in the Government of Goa. An advertisement was issued by the Goa Public Service Commission on 11/1/2008 for filling up the post of Deputy Town Planner in the Town And Country Planning Department. The educational qualifications were prescribed as Degree in Regional/Town Planning from recognized University, two years experience in a planning of Architectural office, knowledge of Konkani and certain other qualifications, were also prescribed. The last date of submitting the applications was 31/1/2008. The Advertisement referred to Age Relaxation for certain categories. Pursuant to the advertisement the Petitioner applied on 29/1/2008. The Petitioner did not receive any intimation for interview which was scheduled on 25/4/2008. The Petitioner came to know that the Petitioner was not being considered for the post on the ground that he was forty five years and five months old on the relevant date, which was beyond the age of forty five years, the age limit prescribed for the Government Servants. The Petitioner made various representations that since he belongs to Other Backward Class, he is entitled to age relaxation upto eight years. The candidature of the Petitioner was not considered. The selection process continued and the Respondent no. 3 was appointed as Deputy Town Planner. The Petitioner, being aggrieved by the action of the Department in not granting age relaxation upto eight years and the consequent appointment of Respondent no. 3, filed the present Petition. The Petitioner has prayed that the appointment of Respondent no. 3 be set aside and the Respondent authorities should hold fresh interview and relaxation in age on the relevant date should be granted to the Petitioner.

(3.) The Reply affidavit has been filed on behalf of the Town And Country Planning Department. Copy of the Government of Goa, Town and Country Planning Department, Group 'A' Gazetted posts, Recruitment Rules, 1988 are placed on record alongwith the affidavit. It is the stand of the Respondents that the age relaxation for two categories "Government Servant" and "Other Backward Classes" is to be read separately and not cumulatively. It is contended that neither the Advertisement nor the Rules contemplate that the relaxation periods are to be read cumulatively. The Petitioner as a Government Servant was entitled age relaxation upto five years, and since the Petitioner was beyond even the extended period, he was not considered.