Rajasthan High Court - Jaipur
Rajesh Pareek vs Addi Chief Secretary And Anr on 27 April, 2013
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.5818/2013 In Stay Application No.4559/2013 Rajesh Pareek Vs. The Additional Chief Secretary, Rural Development & Panchayati Raj Department, Rajasthan, Jaipur and Another Date of Order ::: 27.04.2013 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Amit Singh Shekhawat, counsel for petitioner #### By the Court:-
Contention of learned counsel for petitioner is that petitioner has been working as MIS Manager on contract basis in Mahatma Gandhi National Rural Employment Guarantee Scheme since 08.08.2008. He was appointed on that post pursuant to advertisement dated 13.06.2008. In that advertisement, no upper age limit was indicated. Now the Rural Development and Panchayati Raj Department has issued an advertisement for recruitment on various posts and subsequently an amended advertisement also came to be issued on 28.03.2013. Petitioner also applied for the post of Computer Instructor (Pan Res), but the respondents are not considering him eligible for appointment on that post as he has crossed the upper age limit.
Learned counsel for the petitioner has cited a judgment of coordinate bench of this court dated 05.09.2012 in a bunch of Writ Petitions, main judgment being delivered in S.B. Civil Writ Petition No.1839/2009 Smt. Shailesh Verma and Another Vs. State of Rajasthan and Others, and argued that this court while interpreting Rule 13(v) of the Rajasthan Panchayati Raj Prabodhak Service Rules, 2008, has already decided this issue holding that if no age limit was provided at the time of initial appointment then their appointment would be treated within the age limit and accordingly, be covered by Rule 13(v) of the Rules of 2008. It is contended that in the light of that, the petitioner should be deemed to be within the age limit.
The writ petition is disposed of requiring the petitioner to approach respondent no.2 the Principal Secretary, Rural Development & Panchayati Raj Department, Rajasthan, Jaipur, who shall examine the case of the petitioner for the purpose of treating him within age limit in the light of aforesaid judgment and pass appropriate order within 15 days of making such representation. In the meantime, application of petitioner shall be accepted on hard copy subject to final order that may be passed on the said representation.
This also disposes of stay application.
(Mohammad Rafiq) J.
//Jaiman//91 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW