HARJINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Petitioner is aggrieved of the order dated 12th August, 2008 (Annexure P -10) passed by the Additional Deputy Commissioner (Dev.) -cum -Chief Executive Officer, Zila Parishad. Muktsar, whereby the services of the Petitioner have been terminated on the ground that at the time of recruitment the age of the Petitioner was more than 37 years.

(2.) BRIEFLY stated, the facts as available on the record are that Respondent No. 2 issued an advertisement notice in "The Tribune" dated 27th May, 2006 (Annexure P -l), inviting applications for appointment of 9384 teachers in Primary Schools in the rural areas of Punjab. The recruitment was to be made school -wise which was non -transferable. As per the notice, the educational qualifications prescribed, were 10 plus two or equivalent diploma as recognised by the Punjab Government with ETT and in case of non -availability of the said candidates, the candidates with B.A./B. Sc./B. Com. and B. Ed. qualifications were to be considered. The advertisement notice further provides the age of the candidate between 18 to 37 years with 5 years relaxation in the upper age limit in the case of S. Cs, B. Cs; 10 years in case of handicapped and number of years put in service plus 3 years in case of Ex -servicemen. The age was to be calculated on 1st January, 2006. The applications were required to be made by 8th June, 2006. The Petitioner applied in response to the aforesaid advertisement and came to be selected/appointed as ETT Teacher, -.....vide letter dated 22nd December, 2006 (Annexure P -6). The Petitioner joined service. While the Petitioner was serving, a Show Cause Notice dated 1st August. 2008 (Annexure P -8) was served upon the Petitioner. It was alleged in the said Show Cause Notice that the Petitioner's age at the time of recruitment was 38 years, 5 months and 15 days as on 1st January, 2006, whereas the age for recruitment prescribed by the government was 37 years as on 1st January, 2006. Petitioner's reply was solicited. The Petitioner submitted her reply dated 12th August, 2008 (Annexure P -9). In reply to the Show Cause Notice the Petitioner denied all the allegations. Thereafter, the service of the Petitioner has been terminated, - -vide the impugned order dated 12th August, 2008 (Annexure P -10).

(3.) I have heard the learned Counsel for the parties at length.