SUBASH CHANDRA SAHU Vs. COLLECTOR, MAYURBHANJ

JUDGEMENT

(1.) THE petitioner has come up before this Court with a prayer to direct the opposite parties to appointment him in the post of Attendant -cum - Sweeper on contractual basis in the Mobile Health Unit of Mayurbhanj Zilla Swasthya Samiti in Tiringi Block under the National Rural Health Mission (N.R.H.M.) since he was duly selected in the selection held for the purpose.

(2.) THE case of the petitioner in brief is that pursuant to the advertisement dated 18.7.2007 issued by the Chief District Medical Officer, Mayurbhanj, in Annexure -1 inviting applications from the candidates for filling up vacancies in different posts for operation of Mobile Health Units in Mayurbhanj District, the petitioner applied for the post of Attendant. He was duly selected and his name was found place at Serial No.980 belonging to S.E.B.C.category. When the petitioner was not favoured with an order of appointment, he made a query and came to know that letters of appointment were issued to Rupnarayan Marandi and Jamadar Naik, who were placed below the petitioner in the merit list at Serial Nos.982 and 983 respectively and were appointed as Attendant in the said Block, i.e., Tiring. Having come to know the aforesaid fact, the petitioner made representations to different authorities including the C.D.M.O., Mayurbhanj, highlighting his grievance. However, on the grievance petition filed before the Collector, the C.D.M.O. on being directed by the Collector intimated the petitioner that due to overage, his application has been rejected. Though in the advertisement, the age limit was not mentioned in the guideline, yet in the information supplied by the A.D.M.O. under the R.T.I.Act under Annexure -4, it is indicated that as per the statutory provision, the age of the candidates for recruitment to Class -IV posts should be under 32 years and over 18 years as on 1.6.2009.

(3.) LEARNED counsel for the petitioner draws our attention to the advertisement in Annexure -1, wherein for the post of Attendant, consolidated salary at Rs.2000/ - per month has been fixed and the number of vacancies has been shown as 15.