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2006 Supreme(Raj) 2000

High Court Of Rajasthan
Judgename : Govind Mathur
Sgt.G.N.Murlidhar - Appellant
Versus
Union of India - Respondent
S.B. Civil Writ Petition No. 3768 of 2005
Decided On : 07/21/2006

Advocates Appeared:
Mr. Pushpendra Singh, for the Petitioners.
Mr. Vineet Mathur, for the Respondents.

The main legal principle established is that 'completion of length of service' requires the completion of the last day of the year, emphasizing the distinction between attainment and completion.

Headnote:

Promotion - Indian Air Force - 17 Years Length of Service - Promotion Policy dated 23/09/2002 - Prabhu Dayal Sesma (Supra) - Section 4 of the Indian Majority Act, 1875

Fact of the Case:

The case involved the determination of the date of completion of 17 years of length of service for promotion from the rank of Sargent to Junior Warrant Officer in the Indian Air Force.

Finding of the Court:

The court found that completion of 17 years of service required the completion of the last day of the year, and not just the attainment of 17 years. The petitioners, appointed on 01.07.1988, completed 17 years of service only at zero hours on 01.07.2005, and not on 30.06.2005 as claimed.

Issues: The main issue was the interpretation of 'completed length of service' for promotion eligibility.

Ratio Decidendi: The court relied on the interpretation of age attainment in the case of Prabhu Dayal Sesma (Supra) and Section 4 of the Indian Majority Act, 1875 to distinguish between attainment and completion, emphasizing the requirement for a complete day for the latter.

Final Decision: The court dismissed the writ petitions, upholding the respondents' decision not to consider the petitioners for promotion to the rank of Junior Warrant Officer against the vacancies arising in 2005.

Judgment

Govind Mathur, J.-The criteria for promotion from the rank of Sargent to the rank of Junior warrant officer in the Indian Air Force in accordance with the promotion policy dated 23/09/2002 is that an Airman must have completed 17 years length of service as on 30th of June of the year preceding promotion penal.

2. The small issue involved in these petitions for writ is the determination of date of completion of 17 years of length of service by the petitioners, date of appointment of whom is 01.07.1988 with the rank of Sargent.

3. According to the petitioners being appointed on 01.07.1988 they have competed 17 years of service on 30.06.2005 whereas the stand of the respondents is that the petitioners completed 17 years of service at zero hours on 01.07.2005 i.e. 12 PM on 30.06.2005. therefore, they are not eligible to be promoted as Junior Warrant Officer.

4. The Counsel for the petitioners to substantiate the claim of the petitioners has placed reliance upon a Judgment of Honble Supreme Court in the case of Prabhu Dayal Sesma vs. State of Rajasthan & Anr., reported 1986 (4) SCC 59. In the case of Prabhu Dayal Sesma (Supra) Honble Supreme Court while determining the issue pertaining to attainment of age of 28 years on 1st day of January of the year held as under:-

"7. Undoubtedly, the Union Public Service Commission has been interpreting the provision as to attainment of age in a like manner. This would be clear from the advertisement issued by it on 012.1984 which is in these terms:-

Age limit: (ka) The candidate should have attained the age of 21 years on 01.08.1985, but should not have attained the age of 26 years, that is, he should not have born before 02.08.1959 and after 01.08.1964. We are afraid, the interpretation of Rule 11-B of the Rules cannot proceed upon the basis adopted by the Union Public Service Commission.

8. Rule 11-B of the Rules provides: 11-B. Age.-Notwithstanding anything contained regarding age limit in any of the service Rules governing through the agency of the commission to the posts in the State Service and in the Subordinate Service mentioned in Schedule I and in Schedule II respectively, a candidate for direct recruitment to the posts to be filled in by combined competitive examinations conducted by the Commission under these Rules must have attained the age of 21 years and must not have attained the age of 28 years on the first day of January next following the last date fixed for receipt of application.

9. It is plain upon the language of Rule 11-B that a candidate must have attained the age of 21 years and must not have attained the age of 28 years on the first day of January next following the last date fixed for receipt of application. Last day fixed for receipt of application in this case, was 01.01.1983. First day of January next following the day would be 01.01.1984. The object and intent in making Rule 11-B was to prescribe the age limits upon which the eligibility of a candidate for direct recruitment to the Rajasthan Administrative Service and other allied services is governed. At first impression, it may seem that a person born on 02.01.1956 would attain 28 years of age only on 02.01.1984 and not on 01.01.1984. But this is not quite accurate. In calculating a persons age, the day of his birth must be counted as a whole day and he attains the specified age on the day preceding, the anniversary of his birthday. We have to apply well accepted rules for computation of time. One such rule is that fractions of a day will be omitted in computing a period of time in years or months in the sense that a fraction of a day will be treated as a full day. A legal day commences at 12 oclock midnight and continues until the same hour the following night.

There is a popular misconception that a person does (sic not) attain a particular age unless and until he has completed a given number of years. In the absence of any express provision, it is well settled that any specified age in law is to be c




















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