Calcutta High Court (Appellete Side)
Amarjit Routh vs The State Of West Bengal And Ors on 12 November, 2013
Author: Soumitra Pal
Bench: Soumitra Pal
1 12.11.2013
kc F.M.A. 1844 of 2013 Amarjit Routh
-versus-
The State of West Bengal and Ors.
None appears on behalf of the appellant, even on second call.
This appeal is directed against the order dated 29th January, 2013 passed in W.P. 26779(W) of 2012 (Amarjit Routh
-vs- The State of West Bengal and Ors.), whereby the writ petition was dismissed on the reasons as quoted below :
"The petitioner was not eligible to apply in response to the advertisement dated November 14, 2012. At the relevant date he was overage. There was no provision for relaxation of age for a person working in the Municipality on a casual basis. Hence by not inviting him for interview, the Municipality did not commit any wrong. Nothing entitled him to claim any preference. This Court cannot create his such right and also make him eligible for a post."
Perused the grounds of appeal. Though the appellant/petitioner in the grounds of appeal, particularly in ground nos. II and IV, has urged that since he was working as casual worker from 1994, under the law, he has a right to compete in the selection process after condoning the age bar, however, he has not been able to demonstrate any provision of law which grants relaxation of age in case an applicant is barred due to over age.
For the aforesaid reasons, the appeal is dismissed. In view of dismissal of the appeal, connected applications, if any, also stand dismissed.
2There will be no order as to costs.
(SOUMITRA PAL, J.) (SUDIP AHLUWALIA,J.)