GIAN SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THE petitioner is holding Degree of M. Sc. Agriculture and presently he is working as Village Extension Worker in Agriculture Department for the last more than four years. He filed application for the post of Agriculture Assistant/Agriculture Extension Officer in response to advertisement by Public Service Commission, Respondent No. 2 but his application was rejected on the ground that he was over -aged by one month and 13 days. The petitioner thereupon filed application before State Government for seeking relexation of his age but the Government addressed a letter to Secretary, Public Service Commission informing the age V it for direct recuritment to Government service in respect of in service candidates having been raised to 38 years as per Government order No - 70 -GAD of 1989 dated January 19, 1989. The petitioner has alleged in the petition that despite the above said direction of the State Government, respondent No. 2 has not intimated him to appear in the interview to be held on May 13, 1989 He has prayed for issuing direction to respondent to consider him for appointment to the post of Agriculture Assistant/Agriculture Extension Officer as an eligible and qualified Government Officer.

(2.) THE respondent No - 2 has filed counter stating that the concession allowed under Government Order No. 70 -GAD of 1989 dated January 19; 1989 where -under the age limit for direct recuritment to Government service was raised to 38 years for in -service candidates would not be available to the candidates who bad applied in response to the Notification issued during the year 1988 for which post the age has to be reckoned as on 1st January, 1988. It has also been pointed out in the said counter that the petitioner was interviewed on his own risk and responsibility on May 22, 1989 under the directions of this Court.

(3.) I have heard the learned counsel for the parties and perused the record. The only point for determination in this case is as to whether the petitioner is entitled to concession allowed by the Government of Jammu and Kashmir in Government order No. 70 GAD of 1989 dated January 19, 1989 whereby the age limit for direct recruitment to Government service has been raised. This Government order reads as under.