State of Punjab and others vs Gurmeet Singh

M.M. Kumar, J.—The instant appeal under clause X of the Letters Patent is directed against judgment dated 29.8.2011 rendered by the learned Single Judge holding that the writ petitioner-respondent was entitled to the benefit of relaxation of age upto 45 years as per the advertisement (P.1) by treating him eligible for the post of Junior Engineer (Civil). The writ petitioner-respondent has been working on the post of Pump Operator since 1.6.1993 on daily wages and has served for long 17 years with Water Supply and Sanitation Department, Punjab. The writ petitioner-respondents did not seek the benefit of relaxation and has secured merit in the sports quota by securing 26 marks by participating in the written test held on 28.3.2010. The result of the written test was declared on 31.3.2010. The writ petitioner-respondent secured 26 marks whereas one Mr. Parminderjit Singh had secured 24 marks who has been given the appointment. The case of the writ petitioner was rejected on the ground that he was over-age and the learned Single Judge has held him entitled to the benefit of relaxation of age upto 45 years as he was 42 years of age holding that this was the last chance in his life to get regular appointment. The learned Single Judge applied the ratio of the judgment of Hon''ble the Supreme Court in the case of Satya Prakash and others v. State of Bihar and others 2010 (2) SCT 243 (SC).

We have heard learned counsel at some length and are of the view that the opinion expressed by the learned Single Judge is in accordance with the conditions mentioned in the advertisement regarding the age and the same is as follow:

AGE

I) A candidate should not be less than 18 years and more than 35 years of age as on 15.1.2010

II) Relaxation in Age

Upper age age limit shall be 45 years in respect of persons already serving Govt. of India or Punjab Govt. or any other State Govt.

A perusal of the aforesaid condition would show that upper age limit in respect of persons already serving Government of India or Punjab or any other State was 45 years. The petitioner who was serving the Punjab Government as Pump Operator could not be denied the benefit of relaxation in the age as per the terms and conditions of advertisement dated 2.4.2009 (P.1). There is no legal infirmity in the view expressed by the learned Single Judge. The appeal is wholly without substance and does not merit admission. Dismissed.