Rajasthan High Court - Jodhpur
Soor Singh vs . The State Of Rajasthan & Ors. on 26 September, 2014
Author: Vineet Kothari
Bench: Vineet Kothari
S.B. CIVIL WRIT PETITION NO. 6754/2014.
Soor Singh Vs. The State of Rajasthan & Ors.
Final Order dated 26.09.2014
1/3
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
:: ORDER ::
S.B. CIVIL WRIT PETITION NO. 6754/2014.
Soor Singh Vs. The State of Rajasthan & Ors.
..
Date of Order :::: 26th September, 2014.
PRESENT
HON'BLE Dr. JUSTICE VINEET KOTHARI
Appearance:
Mr. D.S. Rathore, for the petitioner.
--
BY THE COURT:
1. The petitioner has filed the present writ petition on 22.09.2014 with the following prayers:-
1- य क यच र दर पसरर य च
सवयय स र फरम ई ज र अप र सखय
3दर द न 23.7.2014 प र 12 ! ननरसर
घ!ष%र क य ज य& ।
2- य क अप र सखय 2 3 ! आ &र य
नन ) र द य ज य& क यच र * ब& रर
स& य, ए म&ड/ ल कफटन&स ! & खर& ए
उन * आय4 स म म& ष भ ग य ननयम नस र
शरचरलर & र& ए स सयर न न 8 र र
स& * आय4 स म 60 % रन& आ &र
प न र, ।
3- अनय !ई आ & र ज! य च र & पक म,
! अर फरम , ।"
S.B. CIVIL WRIT PETITION NO. 6754/2014.
Soor Singh Vs. The State of Rajasthan & Ors.
Final Order dated 26.09.2014 2/3
2. The learned counsel for the petitioner Mr. D.S. Rathore submitted that under the earlier policy, a decision was taken vide communication Annexure-9 dated 24.07.2006 though the age of discharge from the duties was fixed at 55 years under Rule 9 of the Home Guards Act, 1962 but by the said communication, it was provided that if the volunteer is found to be physically fit and has interest and devotion towards duties and has a good character and discipline, his case for renewal of the volunteership beyond the age of 55 years may be sent for consideration of the Headquarters before 3 months of attaining the age of 55 years. However, by a subsequent decision taken by the Headquarters on 27.07.2010, it appears that Commandant, Border Home Guards, Jaisalmer had informed the Company Commander, Border Home Guards, Myazlar, District Jaisalmer vide Annexure-12 dated 23.07.2014 to the effect that the request for extending the period of service of the petitioner beyond the age 55 years but, as per letter dated 23.07.2010 the petitioner does not have the sufficient qualifications for extending the period of service after the age of 55 years and, therefore, it is not possible to extend the period of service of the petitioner beyond the age of 55 years. It was also directed to inform the petitioner accordingly and it was cautioned that in future, the cases in which the incumbent does not have the prescribed qualifications may not be send to the Headquarters.
3. The learned counsel for the petitioner submitted that the petitioner is also near to complete the age of 55 years after 4 days on 30.09.2014 and, therefore, his case for relaxation in the S.B. CIVIL WRIT PETITION NO. 6754/2014.
Soor Singh Vs. The State of Rajasthan & Ors.
Final Order dated 26.09.2014 3/3 age for consideration of the Headquarters should be forwarded for further employment on contractual basis under the present Rules and it was prayed that the respondent No.3 - Commandant, Border Home Guards, Jaisalmer could not have rejected the representation of the petitioner at his own level.
4. Considering the submissions made by the learned counsel at the bar, this Court is of the opinion that no mandamus direction can be given to the respondents in this regard, because it is a matter for consideration by the authorities of the respondent-BSF at Headquarters level. The competent authority is required to consider the suitability and the other requirements relating to mental and physical condition of the person to be appointed as Home Guards and, therefore, in the opinion of this Court this writ petition deserves to be disposed of with the following directions.
5. Accordingly the in view of the above, the writ petition is disposed of with a liberty and direction to the petitioner to approach the competent authority by filing a suitable representation namely, to the respondent No. 3- Commandant, Border Home Guards, Jaisalmer, who will decide the same expeditiously, preferably after giving an opportunity of hearing to the petitioner, in accordance with law.
6. A copy of this order be sent to the parties concerned forthwith.
(Dr. VINEET KOTHARI), J.
/Mohan/ / 138 /