BISWAJIT SOM Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D. K. Biswas, learned counsel for the petitioner as well as Mr. S. Talapatra, learned senior counsel appearing for the State respondents along with Mr. B. Banerjee, learned State counsel. I have also heard Mr. P. Datta, learned counsel appearing for the Public Service Commission.

(2.) The short question that calls for consideration in this writ petition is, as to whether the petitioner, who is aspirant for the post of Junior Architect in the Public Works Department should be provided with age relaxation enabling consideration of his case for such appointment. The petitioner's prayer for age relaxation is on account of crossing the upper age limit for offering candidature. Although when he was appointed under the respondents on contractual basis, he was well-within the prescription of the age limit, the interpretation sought to be given by the respondents is that since the petitioner's service on contractual basis cannot be said to be a Government service, he is not entitled to any age relaxation as is being provided to Government employees.- Be it stated here that when the advertisement in question was issued in the year 2007, the petitioner was in the Employment Roll of the respondents on contractual basis and that he was appointed as such, when he was within the age limit.

(3.) Briefly stated, the facts leading to filing of the instant writ petition are that the petitioner pursuant to the Annexure-1 advertisement No.1/2005 dated 24.01.2005 for contractual appointment to the post of Assistant Architect, was appointed as such on a fixed monthly salary of Rs. 5,000/-. Initially, he was appointed for a period of one year and thereafter, his contractual service was extended by another two years.