High CourtsSingle Bench

Shahabuddin Ansari vs State of Jharkhand & Other

Jharkhand High Court · Decided on 15 May 2018 · Citation: (2018) 05 JH CK 0055

HON’BLE JUDGES
PRAMATH PATNAIK, J
RESULT
Dismissed
CASE NUMBER
Writ Petition(S) No. 2363 of 2009

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Judgment

15 paragraphs · 303 words

Per Pramath Patnaik, J

1.

In the instant writ application, the petitioner has inter alia prayed for direction upon the respondents to consider the case of the petitioner as

Panchayat Sevak, as he has been working as Dalpati with effect from 01.08.1989. Further, prayer has been made by the petitioner for appointment to

the said post, as the junior to the petitioner, whose name figures at Sl. No.22 has been appointed as Panchayat Sevak, whereas petitioner whose name

figures at Sl. No.19 has not been appointed and also to consider the appointment of the petitioner by giving him age relaxation as per circular dated

07.05.2002 (Annexure-4).

2.

Repudiating the contention made in the writ application, a counter affidavit has been filed by respondent no.4 and 5. As per the statement made in

the counter affidavit, it has been submitted that as per the rule, the age limit of Panchayat Sewak for General Category is 18 to 35 years and five

years age relaxation was given to all the aspirants of Panchayat Sewak for appointment, that means after giving five years relaxation, the age was

fixed up to 40 years in respect of any aspirants for the post of Panchayat Sewak. Since the petitioner has crossed the relaxation age limit of 40 years,

he is not entitled to be considered for the aforesaid post.

3.

Having heard learned counsel for the petitioner and learned counsel for the respondents and looking to the averments made in the counter affidavit,

since the petitioner has crossed the maximum age limit to be appointed to the post of Panchayat Sevak, the claim of the petitioner for appointment to

the said post does not merit consideration.

4.

Accordingly this Court is not inclined to accede to the prayer of the petitioner. Accordingly, the writ petition sans merit is dismissed.