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2007 DIGILAW 1844 (RAJ)

Vijendra Kr. Sharma v. State of Rajasthan

2007-09-26

ASHOK PARIHAR

body2007
JUDGMENT 1. - Advertisement for selection to the post of Teacher Gr. lll was issued on 15.6.1998. Last date for submission of application forms was 27.6.1998. Maximum age was notified as 33 years as on 1.1.1999. However, on the last date of submission of application form itself a notification was issued by the State Government. on 27.6.1998 increasing the date of retirement as also maximum age for entry in the service. It has specifically been mentioned in the notification that maximum age for entry into Government service shall be 35 years instead of 33_ years during the period from 27.6.1998 to 26.6.2000. Having come in merit, the petitioner was given regular appointment vide order dated 20.10.1999. The petitioner also joined accordingly. However, subsequently, services of the petitioner per advertisement, the petitioner had crossed the upper age limit of 33 years as on 1.1.1999. Above order of termination is under challenge in the present writ petition. 2. The dates as referred above have not been disputed so for. The only explanation given by the respondents has been that a clarification was issued by the concerned authority to the effect that in the present selection, the notification issued by the State Government on 27.6.1998 shall not apply. Apart from the copy of notification been sent to all the Panchayat Samities and Zila Parishads for necessary compliance by the administrative department, even otherwise, provisions of RSR have been made applicable on the employees of Panchayat Samities and Zila Parishads also. There is no justification as to why the notification issued on 27.6.1998 could not be applied in the present matter. That apart, even the impugned order of termination cannot be sustained in the eye of law because before passing of the order of termination, no opportunity of hearing, whatsoever, has been given to the petitioner. In the above circumstances, the impugned order of termination on the face of it appears to be a mechanical, capricious order without application of mind. 3. Accordingly, the writ petition is allowed. The impugned order dated 19.11.1999 is set aside. Since the petitioner has been continued in service as per interim order passed by this court on 13.12.1999, he is now held entitled for all consequential benefits.Writ Petition Allowed. *******