VINIT KUMAR MATHUR
Dhuleshwar Ghogra S/o Soma Ji Ghogra – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. Heard learned counsel for the parties.
2. Since the controversy involved in the present writ petitions is similar, therefore, they are being decided by this common order.
3. For brevity, the facts of S.B. Civil Writ Petition No.16998/2022 “Jagdish Chand Sharma Vs. State of Rajasthan & Ors.” are being taken into consideration for deciding the controversy involved in these cases.
4. Briefly, the facts giving rise to the present writ petition are that the respondent-Rural Development and Panchayati Raj Department issued a Notification dated 20.09.2007 (Annex.1) for appointment on the post of Senior Technical and Gram Sahayak on contractual basis. The petitioner, being eligible, was appointed on the post of Gram Sahayak on the fixed remuneration of Rs.2,500/-p.m. He performed the work of Gram Sahayak for more than five years. In the year 2013, the respondents invited online applications for appointment on the post of Lower Division Clerk (L.D.C.). The last date for filling up the application form was 22.03.2013. Considering himself falling within the age limit as prescribed in Condition No.8 of the Advertisement, the petitioner applied for the post of L.D.C. However, the resp
Ashish Kumar Vs. State of U.P. reported in (2018) 3 SCC 55
Malik Mazhar Sultan V. U.P. Public Service Commission reported in 2006 (9) SCC 507
The court affirmed that special age limits for specific categories, like Ex-Servicemen, cannot be combined with general relaxations, maintaining the prescribed upper age of 50 years.
The court established that amendments to recruitment rules are prospective and do not affect ongoing selection processes unless explicitly stated.
Contractual employees are entitled to age relaxation under the Delhi Municipal Corporation Act, 1957.
Point of law: Schedule III of the Rules of 2010 prescribes specific time schedule for determination and notification of the actual number of existing and expected vacancies in each cadre as also for ....
The main legal point established in the judgment is that judicial recruitment is governed by specific rules, and age relaxation cannot be sought based on a Government Resolution when the judicial ser....
The relaxation of the upper age limit for government jobs is at the discretion of the State/Government and cannot be claimed as a matter of right by candidates of the EWS category.
The absence of specific provision for age relaxation for specially abled candidates in the Rules, 2018, at the time of advertisement and application, led to the dismissal of the petitioner's claim fo....
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