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Judgment
The relief sought for by the petitioners in the present two Writ Petitions is for quashment of the advertisement dated 08/01/2018 so far as the post
of Assistant Grade-III/Data Entry Operator is concerned.
The counsel for the petitioners submits that, it is a case where the petitioners had tried to apply for filling up the post of Assistant Grade-III/Data
Entry Operator, but their applications could not be considered on the ground of the petitioners having crossed the permissible age limit. He further
submits that, the advertisement issued and clause-IV pertaining to the age limitation is concerned, the same is in contravention to the rules. He further
submits that, all the petitioners before this Court were working as a Daily Wage Employee from last more than 9-15 years and the authorities
concerned ought to have taken care of their services and an appropriate age relaxation for the services rendered by the petitioners as a Daily Wage
Employees with the respondents also should have been provided.
Perusal of record would show that the Annexure-P/1 is an advertisement and clause 4 deals with the prescribe age for applying. For ready
reference, clause-4 is reproduced herein under:-
^^4- vk;q lhek %& vH;kFkhZ dh vk;q fnukad 01-01-2018 dks 18 oâ€kZ ls de rFkk 30 oâ€kZ ls vf/kd u gks] ijUrq NRrhlxvf/kdre vk;q lhek 35 oâ€kZ ds LFkku ij 40 oâ€kZ gksxhA N-x- 'kklu }kjk kksfâ€kr vuqlwfpr tkfr@vuqlwfpr tutkfr@vU; fiNMk oxZ@efgyk rFkk vU;
ik= vH;kfFkZ;ksa dks 'kklu ds fu;ekuqlkj vk;q lhek esa NwV nh tkosxhA**
From the contents of the documents what clearly reflect is that the authorities concerned had granted the age limit for the candidates belonging to
the State of Chhattisgarh up to the age of 40 years. In addition the rules of age relaxation applicable to the reserved category candidates so also for
the other categories like women, etc. were also made applicable.
Given the aforesaid facts and circumstances of the case, this Court does not find any good reason as to why the petitioners No.3-6 could not have
participated in the recruitment process.
So far as their services rendered as a Daily Wage Employees is concerned, this Court does not find it to be a strong ground for grant of age
relaxation for the simple reason that it is settled position of law that, a Daily Wage Employee do not carry an indefeasible right in his favour so far as
the work that he has discharged in a particular department in the capacity of a Daily Wage Employee.
The counsel for the petitioners also is not in a position to show that there was any rules or guidelines framed by the State Government whereby the
relaxation of age would be given to a Daily Wage Employee.
So far as the petitioners No. 1 & 2 are concerned, the petitioners No. 1 & 2 as they had crossed the age of 40 which was the maximum age
permissible under the normal circumstances for a candidate belonging to the State of Chhattisgarh and if at all if the petitioners No. 1 & 2 were
entitled for any sort of age relaxation under the Government rules, they were not precluded from applying under the said clause.
In the absence of any substantive materials produce by the petitioners to substantiate that at any point of time they were precluded from applying in
the recruitment process, the filing of the Writ Petition after more than a month from the date of publication of the advertisement would not give any
force to the petitioners claim.
This Court does not find any strong case made out by the petitioners calling for an interference with the advertisement so published.
The Writ Petition accordingly being devoid of merit deserve to be and is accordingly rejected.