V. Sukumar v. District Collector Villupuram District
2014-04-09
D.HARIPARANTHAMAN
body2014
DigiLaw.ai
JUDGMENT 1. Heard both sides. 2. The petitioner belongs to Scheduled Caste. He was born on 05.08.1970. He passed 8th Standard and he registered his name in the District Employment Exchange on 09.06.1997. While so, the third respondent, on 23.02.2012, notified 57 posts of Village Assistants and the qualification prescribed for the said post is a pass in 5th Standard. Further, as on the crucial date viz., 01.07.2011, the candidates belonging to Scheduled Caste shall not be more than 35 years, as per the notification. Different age was fixed for different communities. Since the petitioner crossed 40 years of age, his request to sponsor his name for the said post was rejected by the second respondent by the impugned order dated 17.04.2012. Hence, the petitioner has come up with the present writ petition. 3. According to the petitioner, he is entitled to 5 years relaxation of age, due to ban on recruitment, that was imposed by the Government on 29.12.2001, vide G.O.Ms.No.212, Personnel and Administrative Reforms Department, dated 29.12.2001 and the ban was lifted on 07.02.2006 vide G.O.Ms.No.14, Personnel and Administrative Reforms Department. Hence, the Government issued G.O.Ms.No.98, Personnel and Administrative Reforms Department, dated 17.07.2006 granting 5 years age relaxation due to the aforesaid ban on recruitment. This 5 years relaxation is applicable to all the candidates irrespective of castes to which they belong. 4. But it is a fact that even if 5 years relaxation as provided in G.O.Ms.No.98 is given, the petitioner cannot come under less than 40 years as on 01.07.2011, since the petitioner crossed 40 years on 05.08.2010. 5. However, the learned counsel for the petitioner has placed heavy reliance on G.O.Ms.No.21, Labour and Employment Department, dated 04.02.2000, wherein age relaxation was given for one year for every three years employment exchange registration, subject to a maximum of five years. In this case, at least as per the said Government Order, four years have to be added, as he registered in the employment exchange in 1997. Even if one year is added, the petitioner would get the benefit for consideration for the post of Village Assistant, which is the lowest post in the Revenue Department. 6. At this juncture, it is relevant to take note of the interim order dated 04.05.2012 passed by this Court in this writ petition directing the respondents to keep one post vacant. 7.
6. At this juncture, it is relevant to take note of the interim order dated 04.05.2012 passed by this Court in this writ petition directing the respondents to keep one post vacant. 7. It is now stated that the persons, who are juniors to the petitioner and registered their names in the Employment Exchange, were appointed as Village Assistants. It is an unskilled post and the selection is based on interview only. 8. The respondents filed counter affidavit refuting the allegations. In any event, it is also admitted in the counter affidavit that G.O.Ms.No.21, as stated above, grants some relaxation in relation to age in the following words: ".............. As per G.O.No.21 Labour and Employment Department, dated 04.02.2000 (Copy enclosed) Upper age limit is relaxed to one year for seniority of every three years, subjected to maximum of 5 years for 15 years seniority for the candidates who posses below SSLC qualification only." 9. In these circumstances, the impugned order is quashed and the third respondent is directed to appoint the petitioner as Village Assistant, within a period of six weeks from the date of receipt of a copy of this order. 10. The writ petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petitions are closed.