NARENDRA KUMAR PASWAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Whether the appellant, a contractual employee under the Sarva Siksha Abhiyan, is entitled to get age relaxation in terms of clause 3 of the Advertisement No.27/2012 of Jharkhand Public Service Commission and whether the respondents are right in denying the appellant from appearing in interview for appointment as Junior Engineer in pursuance of the said advertisement are the points falling for consideration in this intra-court appeal.

(2.) In pursuance of the requisition from the Water Resources Department, Drinking Water and Sanitation Department, Road Construction Department and Energy Department, the Jharkhand Public Service Commission (JPSC) issued advertisement No.27/12 inviting applications from the eligible candidates for consideration of their candidature for appointment on the post of Junior Engineer (Civil/Mechanical and Electrical). Clause 3 of the advertisement provides for minimum and maximum age with cut-off date and stipulates maximum age limit of 40 years for the Scheduled Caste Candidates. It has been mentioned that relaxation of 5 years in age shall be granted to temporary and permanent employees who are working in the services of the State Government. The date of birth of the appellant is 9.10.1970 and the appellant is a Scheduled Caste. The appellant was appointed on contractual basis and has been working in Sarva Siksha Abhiyan since 16th November, 2005. The appellant was more than 40 years as on the cut-off date, 31.3.2012. As per the advertisement, the maximum age prescribed is 40 years for the Scheduled Caste candidates, to which the petitioner-appellant belongs. In the written test, the appellant appeared and was qualified for interview but was denied from appearing in the interview held on 7.12.12 on the ground that he is over-age. Stating that his employment under Sarva Siksha Abhiyan is in Government service and he holds a temporary post in the Government of Jharkhand and in terms of clause 3 of the advertisement, the appellant was entitled to age relaxation of 5 years in the maximum age limit, the appellant filed the W.P (C) No.7437 of 2012.

(3.) Learned Single Judge held that in view of the specific condition contained in the order of appointment of the appellant under the Sarva Siksha Abhiyan, his appointment is a contractual appointment and such appointment can not be considered as Government service. Learned Single Judge, relying upon the judgment rendered in LPA No.23/2013 (dated 5th March,2013) relating to same advertisement no.27/12, further held that age relaxation of 5 years could be given only to permanent/temporary employees, who are in Government service and the appellant, who is on contractual employment, cannot claim age relaxation.