1. Vide advertisement notice No. 01/SKIMS-MC of 2007 dated 31.05.2007 of Government SKIMS Medical College-Hospital Bemina Srinagar, invited applications from eligible candidates against various posts which include three posts of Plumbers in the pay scale Rs. 3050-4590. One for O.M, one for RBA and one for SC. The petitioner responded to the advertisement notice by filing the application on the prescribed form. He was given to understand that he will not be permitted to appear in the interview, because he had crossed the age of 37 years as on 01.01.2007. This situation prompted him to file the instant petition. In the accompanying CMP vide order dated 15.9.2008, respondents were directed to allow the petitioner to appear in the interview at his own risk and responsibility and were also directed not to declare the result of the petitioner, without the permission of this court. In compliance thereof petitioner has been permitted to appear in the interview. During the pendence vide order dated 17.10.2008 respondents were directed to submit the result of the petitioner in a sealed cover, which has been produced. 2. Learned counsel for the petitioner would contend that since the petitioner has been rendering the services of a Plumber with dedication to the satisfaction of the concerned authorities in the respondent-college right from the year 2000, in the capacity of a Casual Labour. The post was advertised in the year 2007. His candidature for adjustment is open for consideration as the age bar will not operate against him, because in-service candidate must not have crossed 40 years of age as on 01.01.2007. 3. Production of result in a sealed cover has been with the object of ascertaining, as to whether the petitioner had made the grade, otherwise there could be no purpose to pursue the matter in the writ. The perusal of the result as produced would indicate that the petitioner has made the grade. Now the question of his eligibility has to be determined. 4. The contention of the Learned counsel, that the petitioner has applied as in-service candidate, has to be rejected, because the petitioner had been engaged as Casual Labour, so cannot be said to be member of the service. Now the question of his eligibility has to be determined. 4. The contention of the Learned counsel, that the petitioner has applied as in-service candidate, has to be rejected, because the petitioner had been engaged as Casual Labour, so cannot be said to be member of the service. In terms of Rule- 19 of the Civil Service Regulations, the service cadre, class, category and grade has to be used in the same sense as in the Jammu & Kashmir Civil Service (Classification, Control and Appeal) Rules 1956 (hereinafter referred to as CCA). Rule 2(E) of the CCA would indicate, that the member of a service means a person holding or appointed to a whole time pensionable post, which would mean that employment must be substantive. The petitioner admittedly has been engaged as a Casual Labour, so has been rendering services of a Plumber from the year 2000 till date. He by no stretch of imagination can be termed to be a member of service, so his application for the post cannot be termed to be an application on behalf of a in-service candidate. To avail the benefit of 40 years of age is not available to him. He is required to be of the age of 37 years or below as on 01.01.2007, which the petitioner admittedly was not. The date of birth of the petitioner as per school records is 15.11.1969, so as on 01.01.2007 he was of the age of 37 years and 45 days, means had age bar of 45 days. 5. The petitioner had rightly moved an application before the respondent No.4 (Medical Superintendent) highlighting therein that on the cut of date he was over age by 45 days. It would be injustice to him if he is not permitted to apply for the post, when he has spent precious period in the institution, that too on low wages with great zeal and to the best satisfaction of the Medical Superintendent and the Executive Engineer Civil. The contention of being of an in-service-candidate in fact is an after thought, when the same was not available to him. 6. But now an important situation has arisen, i.e admittedly petitioner has been engaged as Casual Labour in the year 2000, has been rendering services there in the college as Plumber for last nearly ten years. The contention of being of an in-service-candidate in fact is an after thought, when the same was not available to him. 6. But now an important situation has arisen, i.e admittedly petitioner has been engaged as Casual Labour in the year 2000, has been rendering services there in the college as Plumber for last nearly ten years. His dedication and commitment has been appreciated, as on the application which he had filed for age relaxation, the Medical Superintendent SKIMS (respondent No.4) had endorsed to the Executive Engineer to the following effect: "Executive Engineer (Civil) SKIMS, MCH, Bemina. Please communicate comments/recommendation on the subject under rules in force." The Executive Engineer Civil in compliance recorded on the application as under: "Returned in original to the Administrative Officer with the report that the Casual Labour namely Shri Mohammad Sultan Teli is working in Civil Engineering Department SKIMS MCH Bemina as helper and Plumber on casual basis since August 2000 with great zeal and dedication. He has been obedient to his superiors. He will prove an asset to this institution if he is considered for said post in relaxation of upper age bar of 45 days." 7. The contention of the Learned counsel for the petitioner, that the respondent-department may be directed to take final decision vis-a-vis age relaxation of 45 days. The petitioner has rendered services for about ten years on lowest wages with zeal and dedication. The contention has substance, when the concerned authority Executive Engineer (Civil) has certified, that the petitioner has been working as helper/plumber on casual basis since August 2000, that too with great zeal and dedication and has also certified that he is not only obedient but will prove an asset to the institution. In the year 2004 appointments to the Class-IV posts in the SKIMS Medical College Bemina in relaxation of rules not only as to the age but even vis-a-vis qualification has been sanctioned. In this connection Government Order No. 12-SKIMS of 2004 dated May 22, 2004 has been placed on record, which fully supports the contention. 8. When the petitioner has been rendering service as a Plumber, though in the capacity of a Casual Labour for last nearly 10 years to the satisfaction of the authorities, then his obedience, commitment, dedication has to be encouraged. 8. When the petitioner has been rendering service as a Plumber, though in the capacity of a Casual Labour for last nearly 10 years to the satisfaction of the authorities, then his obedience, commitment, dedication has to be encouraged. The Executive Engineer has certified that by relaxing age of 45 days he still shall prove an asset, same position is also supported by the result of his participation in the interview as conducted by the competent authority, wherein he has made the grade, therefore, there shall be no difficulty for the respondents in recommending his case for relaxation of upper age of 45 days and given the appointment based on the selection as made by the competent selection authority. 9. Viewed thus, the petition is disposed of with the direction to the respondents to take the decision vis-a-vis the representation of the petitioner regarding which relaxation, which has been duly recommended by the Executive Engineer Civil and on thereafter to take appropriate steps for giving effect to the selection of the petitioner as against the post of Plumber. This exercise shall be completed within a period of six weeks from today. The result as produced in sealed envelope, which after perusal stands resealed, be returned to the Learned counsel for the respondents for its delivery to the concerned authority, so as to enable them to complete the process of age relaxation within period as fixed above. Disposed of above alongwith the connected CMP(s).