NIYAZ MOHAMMED KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 26.2.96 passed by the learned Single Judge, by which the learned Single Judge dismissed the writ petition filed by the petitioner and held that the relaxation in the age is only for the Government Servant and not for the persons serving in the other departments which are not run by the State Government.

(2.) APPELLANT -petitioner Niyaz Mohammed Khan was working as a Teacher Grade III in Government Primary School in Panchayat Samiti, Bhilwara. The appellant, in pursuance to the Advertisement No. 6 -Pariksha/Kha./Up. Ni. Po/94 -95 dated 3.10.94, inviting applications for appointment on the post of twenty -six Sub -Insptectors of Police, applied for the same. His candidature was rejected for the post of Sub -Inspector Police being over -age. While considering his eligibility, the age -relaxation for three years applicable to the Government Servant was not taken into account in his case as he was in the service of Panchayat Samiti.

(3.) GOVERNMENT Servant is a person who holds a civil post under the State. A post under the State means a post under the administrative control of the State, in which the State has a right to create or abolish the post and could regulate the Conditions of Service of the person appointed on the post. A member of service holds the office for a 'civil post' if the duties in connection with the affairs of the State Government are attached to it. Before a person can be said to be under the employment of the State, the relationship of master and servant must be established between the State and the person concerned. The existence of this relationship, can be established from various circumstances, e.g., (i) the authority of the State to create or abolish the post; (ii) right to select and appoint ; (iii) the administrative control and the right to control the manner and method of working; (iv) the right to prescribe and regulate the Conditions of Service; (v) right to take disciplinary action, including the right to suspend and dismiss; and (vi) payment of wages and remuneration and the other like conditions.