Orissa High Court
Mahendra Tiadi vs State Of Odisha & Ors. .... Opposite ... on 29 October, 2024
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.26632 of 2024
Mahendra Tiadi .... Petitioner(s)
Mr. Uma Chanran Mishra, Adv.
Mr. Ashutosh Mishra, Adv.
-versus-
State of Odisha & Ors. .... Opposite Party(s)
Mr. G.P. Dutta, Adv
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 29.10.2024
01. 1. This matter is taken up through hybrid arrangement.
2. This matter was not in today's list. On being mentioned, this matter is taken up through Special Notice.
3. In filing this Writ Petition, the Petitioner being an Ex- Serviceman and aspirant for the post of SDIPRO (OIS-II), Group-B of the Odisha Information Service Cadre, has sought for a direction from this Court to the Odisha Public Service Commission for accepting his application pursuant to the Advertisement under Annexure-1 through Offline mode.
4. Learned counsel for the Petitioner submits that due to the conditions stipulated in the advertisement vide Annexure-1 Signature Not Verified Digitally Signed the age of the Petitioner prohibits him to apply for the above Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa noted posts.
Date: 29-Oct-2024 17:10:52 Page 1 of 3
5. At this juncture, drawing the attention of this Court to the order issued by the Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) vide Annexure-4 more particularly to clause 8.1 therein, learned counsel for the Petitioner submits that as per the said provision the Petitioner is eligible to apply for the above noted posts.
6. The Clause 8.1 is extracted herein below:-
"8. Ex-servicemen 8.1 For appointment to vacancies in Group B (Non-Gazetted) or Group C posts in Central Government, an ex-servicemen shall be allowed to deduct the period of actual military service from his actual age and if the resultant age does not exceed the maximum age limit prescribed for the post for which he is seeking appointment by more than three years, he shall be deemed to satisfy the condition regarding age limit.
7. He further draws the attention of this Court to the judgment of this Court in the case of Santosh Adhikari Vrs. State of Odisha and Anr. 1 . The relevant portion of the said judgment is extracted herein below:-
"This Court on a perusal of such recommendation found that the Standing Committee of the Parliament has recommended that the entire service period of such candidates shall be given age relaxation, i.e. the period for which they have served in the defence service is to be deducted from their total age while considering their eligibility against a civil post. This Court found a lot of force Signature Not Verified in such arguments advanced by learned Senior counsel for Digitally Signed the Petitioner. Therefore, the same is required to be Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication considered by the Government."
Location: High Court of Orissa Date: 29-Oct-2024 17:10:52 1 W.P.(C) No.39860 of 2021 Page 2 of 3
8. Learned counsel for the Opposite Parties submits that because of the overage the Petitioner is not eligible to apply for the above noted posts. Hence, the prayer of the Petitioner should not be acceded to.
9. Be that as it may, considering the submissions made on behalf of both the parties and looking to the provision at Clause 8.1 of the order vide Annexure-4, this Court is of the view that the Petitioner should be permitted to apply for the above noted posts. Further, since there is a condition to apply for the above noted posts through Online mode and the time stipulated for making such application through Online mode is going to be expired tomorrow (30th October, 2024), this Court permits the Petitioner to apply for the above noted posts pursuant to the advertisement vide Annexure-1 through Offline mode within two days hence. In such event, the said application of the Petitioner shall be accepted and considered as per law.
10. This Writ Petition is, accordingly, disposed of.
11. Liberty is granted to the Petitioner to utilize the softcopy of this order as an authenticated copy.
(Dr. S.K. Panigrahi) Signature Not Verified Judge Ayaskanta Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 29-Oct-2024 17:10:52 Page 3 of 3