Judgment

G.P. Mathur, J.—Leave granted.

2. This appeal, by special leave, has been filed challenging the judgment and order dated 13.12.2002 of the Bombay High Court by which the writ petition filed by respondent No.1, Girish Jayanti Lal Vaghela was allowed.

3. Respondent No.1, Girish Jayanti Lal Vaghela was appointed as Drugs Inspector on 11.3.1996 on short term contract basis on a fixed salary for a period of six months from the date of joining or till the date the candidate selected by Union Public Service Commission (UPSC) joined duty on regular basis, whichever was earlier. The appointment of respondent No.1 was renewed after every six months with short breaks and it continued for over five years. An advertisement was issued by the UPSC on 24.3.2001 for making regular selection on the post of Drugs Inspector. Under the relevant recruitment rules made in exercise of powers conferred by proviso to Article 309 of the Constitution, the upper age limit for making direct recruitment is 30 years, which is relaxable for Government servants upto five years in accordance with the instructions or orders issued by the Central Government. Respondent No.1 had become over-age by two years at th