Madhya Pradesh High Court
Vidya Bhushan Mishra vs The State Of Madhya Pradesh on 10 March, 2015
1
W. P. No.1157/2011
W. P. No.1157/2011
10.03.2015
Shri D. K. Dixit, learned counsel for the appellant.
Shri Sudeep Chaterjee, learned Panel Lawyer the
respondent/State.
Shri Manas Verma, learned counsel for the respondent No.2.
Heard.
Grievance raised by the petitioner vide this petition is that despite of having qualified selection for the post of Assistant Conservator of Forest and for the Forest Ranger, the petitioner has not been permitted to take up interview on the ground of being over age. Petitioner has filed present petition seeking direction to the respondents to grant age relaxation as the petitioner who is M.Sc. in Chemistry and has M.Phil. and B.Ed. Degree at his credit has been employed as Samvida Shala Shikshak Grade-I, at Government Higher Secondary School, Teonthar, District Rewa and is eligible for age relaxation as per advertisement Annexure P-1, in pursuance whereto the petitioner has been allowed to take up examination and has passed the same.
2W. P. No.1157/2011
It is further contended that a similarly situated persons as the petitioner is, had approached this Court earlier vide various Writ Petitions and have succeeded in seeking a direction in their favour, whereas the petitioner has been deprived of the same.
Clause 7 of the advertisement relied upon by the petitioner is in the following terms-
"7- vk;q lhek& 21 dh vk;q iw.kZ dj yh gks ijarq 28 o"kZ iw.kZ u dh gksA vk;q lax.kuk frfFk 01-01-2011 gksxh vk;qlhek esa nh xbZ vU; NwVksa ds fy;s ifjf'k"V&,d ns[ksaA e/;izns'k 'kklu ds LFkk;h] vLFkk;h odZpkTMZ ;k dkafVtsl a h isM deZpkjh ifj;kstuk dk;kZUo;u lfefr;ksa esa fu;ksftr leLr Js.kh ds deZpkfj;ksa rFkk jkT; ds fuxe] eaMy] e.My ifj"kn~] uxj fuxe] uxj ikfydk vkfn Lo'kklh laLFkkvksa esa dk;Zjr leLr Js.kh ds deZpkfj;ksa ¼efgyk deZpkjh Hkh½ ds fy, vf/kdre vk;q lhek 38 o"kZ fu/kkZfjr gSA ¼l{ke vf/kdkjh dk izek.ki= layXu djsa½A ,sls vkosndksa dks ifjf'k"V&1 ¼,d½ esa vafdr mDr NwV ds vfrfjDr vU; fdlh Hkh NwV dk ykHk izkIr ugha gksxk ijarq ifjf'k"V&1 ¼nks½ izksRlkgu Lo:i nh xbZ NwVksa esa ls vf/kdre ykHk okys fdlh ,d NwV dk ykHk rRlaca/kh l{ke vf/kdkjh }kjk tkjh izek.k i= izLrqr djus ij ns; gksxkA "
The issue as to whether a contractual employee employed with Janpad Panchayat would be entitled for 3 W. P. No.1157/2011 grant of age relaxation first came up for consideration in the case of Siyaram Raghuvanshi v. State of M.P.- W. P. No.1299/2011 (s) decided on 23.08.2012, whereby the petitioner therein who was appointed under a project known as 'Rajya Jal Avam Swachhata Mission' on a Work Charged Contingency Establishment was given the benefit of age relaxation.
Thereafter series of orders have been passed in W. P. No.1103/2011 (Rajendra Mishra v. MPPSC Forest Department) W. P. No.411/2011 (Hardesh Hari Bhargav and others v. MPPSC Forest Department), W. P. No.284/2011 (Sudheer Sharma v. MPPSC Forest Department), W. P. No.348/2011 (Dinesh Pawak v. MPPSC Forest Department) extending the benefit of age relaxation to such employees who were employed as permanent/temporary, Work Charged Contingency paid employees, Project employees, Employees engaged in State Corporation, Board, Parishad Corporation, Municipalities and other Local Bodies.
In the case at hand as evident from pleadings that the petitioner when applied for the post of Assistant Conservator of Forest was employed as Samvida Shala Shikshak Grade-I, in the panchayat services and the 4 W. P. No.1157/2011 panchayat being a local body as per Clause-7 of the advertisement AnnexureP-1, is entitled for age relaxation.
In view whereof, the petition is allowed. It is informed that in pursuance to the order dated 19.01.2011, the petitioner was permitted to take up the interview. In the event thereof let steps be taken by the respondents for appointment of the petitioner within a period of 30 days from date of communication of this order if found selected.
Petition is allowed to the extent above. Cc as per rules.
(SANJAY YADAV) JUDGE Loretta