BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner prays for issuance of a writ in the nature of mandamus to direct the respondents to process his application for appointment to the post of Punjabi Master/English Master/Punjabi Lecturer under Clause 5(iii) of recruitment notice (Annexure P-10) which was issued on 20/11/2015. Clause 5(iii) provides that the employees of Punjab, other State and the Central Government shall have the upper age limit of 45 years. The petitioner was employed on a contractual basis in Rashtra Madhyamik Shiksha Abhiyan, which is run by a society registered under the Registration Act, 1908. By an interim order passed, the application of the petitioner was processed, however, as directed, the result was not declared.

(2.) The learned counsel representing the petitioner relies upon a judgment passed by the Division Bench of this Court in CWP-12069-2015, titled as'Union Public Service Commission Vs. Sunita Sharma and others', decided on 6/2/2015. This judgment is not applicable to the present case as the contractual employees working under the Chandigarh Administration were ordered to be granted the age relaxation because the post advertised fell within the purview of Central Government. It has been brought to the notice of the Court that the petitioner is now 46 years of age and he has already been appointed as a Master in the Education Department.

(3.) This Court has carefully read the judgment in Sunita Sharma's case (supra). The aforesaid judgment has not as the ratio decidendi laid down that all the contractual employees are entitled to the age relaxation irrespective of place, terms or nature of their employment. The Clause 5(iii) is applicable specifically to the employees of Punjab, other State and Central Government but it does not include the employees of Societies. In a similar case pertaining to age relaxation in the selection of candidates who are working in Municipal Corporation, Delhi, the Supreme Court in Delhi Subordinate Services Selection Board and another Vs. Seema Kapoor Civil Appeal No.4461 of2021, decided on 22/7/2022 held as under:-