Rajasthan High Court - Jaipur
Prem Chand vs State Of Rajasthan & Anr on 28 January, 2016
Author: M.N. Bhandari
Bench: M.N. Bhandari
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR S.B. Civil Writ Petition No.9458/2015 Prem chand Versus State of Rajasthan & Anr. DATE OF ORDER : 28/01/2016 HON'BLE MR. JUSTICE M.N. BHANDARI Mr. Raj Kumar Goyal, for petitioner
By this writ petition, a challenge is made to the order dated 30th March, 2015. The order aforesaid was passed on a representation preferred by the petitioner after first writ petition.
The petitioner was held overage for the post of Lower Division Clerk in pursuance to the advertisement issued in the year 2013. A candidate is entitled for relaxation in age, if he/she was within age limit at the time of appointment on contract basis.
Learned counsel for petitioner has referred advertisement dated 26th February, 2008, in pursuance to which the petitioner was given appointment on contract basis on 13th January, 2010. At the time of appointment, the petitioner was more than 40 years thus crossed the age limit. The claim has been made to treat his appointment from the date of advertisement i.e. of February, 2008. The prayer aforesaid cannot be accepted because rule makes it clear that benefit of age relaxation would be available , if at the time of appointment on contract basis, a candidate was within age limit. The rule does not provide that one should have been within age limit on the date of advertisement of the post, to be filled on contract basis. In view of above, I do not find any illegality in the impugned order deciding the representation adverse to the petitioner.
The writ petition is having no merit hence dismissed along with stay application.
[M.N.BHANDARI], J.
FRBOHRA Certificate:
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
FATEH RAJ BOHRA, Sr. P.A