NARINDER KUMAR Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) As per the averments made in this petition, the petitioner initially joined respondent 4 as Peon on 1.8.1988 and his services were regularized w.e.f. 1.1.1994. While in service, the petitioner acquired the qualification of Graduation in April, 1998.

(2.) It is the case of the petitioner that he was having the knowledge of typewriting. He requested the respondents to adjust/appoint him to the post of Clerk, keeping in view his qualification and performance of work. He was allowed the appointment of Clerk on 1.9.1998 against an unaided management quota post. It is the further case of the petitioner that in the year 2002, two regular posts of Clerks fell vacant. Petitioner requested the authorities for considering his candidature against one of these posts. It is the further case of the petitioner that the respondents have not issued any advertisement, for a number of years, to fill up these two regular posts and during this period, the petitioner has crossed the upper age limit of 40 years. It is the further case of the petitioner that now, the respondent No.3 has issued an advertisement on 13.2.2012 for filling up of two regular posts of Clerks and one of the conditions mentioned in the advertisement with regard to the age is reproduced as under:-

(3.) It is the further case of the petitioner that he possessed all the essential qualifications and is already working as Clerk in the same pay scale on temporary basis in the respondent-college for a number of years. He made a representation dated 18.2.2012 to respondent No.2 through proper channel, for granting him relaxation in age, so that he can apply for the said post. The representation of the petitioner was recommended by respondents No.3 and 4, but till date, no decision has been taken thereon by respondent No.2. The petitioner was called for the interview vide letter dated 22.3.2012, but later on, he was told that his candidature cannot be considered, as he was not fulfilling the condition of upper age limit.