B D CHATTERJEE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) TWO writ petitions have been filed by the petitioner Dr. B. D. Chatterjee against two different orders passed against him. Both the orders are in connection with his service. The second order is consequantial to the first order. Both the writ petitions are being disposed of together.

(2.) THE petitioner Dr. B. D. Chatterjee was born on 27. 07. 1942. In the year 1969 he was appointed as Civil Assistant Surgeon and was confirmed as such in the year 1971 and he continued to work as such. Besides M. B. B. S. he was holding a diploma in Dermatology, obtained in 1968 from Maulana Azad Medical College, Delhi. In the year 1980 he completed M. D. in General Medicine. On 25. 08. 1981 he was appointed as Lecturer in Skin/v. D. on urgent temporary basis on the recommendation of the Central Selection Committee in accordance with Rule 30 (1) of the Rajasthan Medical Service (Collegiate Branch) Rules 1962 (hereinafter referred to as 'the Rules' ).

(3.) IT has to be seen whether for the purposes of sub-rule (iv) to Rule 11 the upper age limit has to be 35 years as provided by 11 (1) of the Rules or in the case of the petitioner it should be 40 years. Sub-rule (iv) has been reproduced above and it may be stated that this sub-rule does not speak of the upper age limit as 35 years or 40 years but only says that persons who were within the age limit when they were initially appointed on temporary basis shall be deemed to be within the age limit even though they have crossed the age limit when they appeared finally before the Commission. The upper age limit for the posts under this sub-rule is to be the upper age limit applicable in the case of a particular candidate. For fresh candidates it will be 35 years. For SC/st and women candidates it will be relaxed by five years. Even there is relaxation provided for political sufferers, for services rendered in the NCC, released Emergency Commissioned Officers etc. The relaxation for in service candidates is also there and the upper age limit for that has been provided as 40 years as seen above. As the upper age limit inrespect of different candidates is different then while reading sub - clause (iv) of Rule 11, the upper age limit as applicable to the petitioner has to be taken into consideration while deciding whether he can be deemed to be within the upper age limit for purposes of selection. At the time of his appointment on temporary basis, he was less than 40 years of age and was eligible for the post as the upper age limit in his case was 40 years and on the basis of the temporary appointment he should be deemed to be within the age limit even though he has crossed the upper age limit when he finally appeared before the Commission for purposes of selection.