Sukhwinder Singh vs State Of Haryana And Another on 21 August, 2012

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Punjab-Haryana High Court

Sukhwinder Singh vs State Of Haryana And Another on 21 August, 2012

Bench: Surya Kant

LPA No. 1180 of 2012                                           -1-




IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                    LPA No. 1180 of 2012 (O&M)

                                    Date of decision: 21.8.2012

Sukhwinder Singh

                                          ..... Appellant

                   Versus


State of Haryana and another


                                          ..... Respondents


CORAM:      HON'BLE MR. JUSTICE SURYA KANT
            HON'BLE MR.JUSTICE R.P. NAGRATH

PRESENT: Mr. Ravish Bansal, Advocate for the appellant.


SURYA KANT, J. (ORAL)

This Letters Patent Appeal is directed against the order dated 31.5.2012, dismissing the appellant's writ petition wherein he sought extension of relaxation in upper age limit granted by Government of Haryana to its employees for the purpose of recruitment to HCS (Executive Branch) and other Allied Services.

The appellant is serving as an Assistant Executive Engineer, in Punjab State Transmission Corporation Limited (erstwhile Punjab State Electricity Board). He applied in response to advertisement dated 28.11.2011, for the posts of HCS (Executive Branch) and other Allied Services Examination-2011. The appellant LPA No. 1180 of 2012 -2- qualified the preliminary examination and was short listed for appearing in the main written examination. The appellant, however, has not been held eligible to appear in the main written examination on the plea that he is over age. The appellant was born 23.1.1966 and was more than 45 years of age on the cut off date i.e. 1.1.2011. He thereafter, sought relaxation of 5 years in age under Clause 4 (II) of the Brochure under which such relaxation is admissible to various categories including "employees of Haryana Government, Punjab and Haryana High Court or any Courts subordinate to it in the State of Haryana with four years of service". The afore-said clause further provides that employees of the Boards/Corporations/Universities/Banks etc. are not eligible for concession in upper age limit. It may thus, be seen that the employees of Boards/Corporations established by the Government of Haryana are also not entitled to the abovestated age relaxation.

The appellant unsuccessfully contended before the learned Single Judge that all the employees irrespective of State where they are serving, constitute one homogenous class, hence no artificial classification is permissible amongst them for the purpose of age relaxation.

Having heard learned counsel for the appellant, we do not find any merit in this appeal.

In our considered view, the age relaxation granted in Clause 4 (II) of the Brochure is based upon an intelligible criteria and constitutes reasonable classification. The appellant who is working in a LPA No. 1180 of 2012 -3- Government owned Corporation in the State of Punjab cannot claim parity with employees of State of Haryana or Punjab and Haryana High Court for the purpose of age relaxation.

Dismissed.




                                              ( SURYA KANT )
                                                  JUDGE


August 21, 2012                               ( R.P. NAGRATH )
rishu                                              JUDGE

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