Karambir Singh And ORS v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision : 19.07.2019 Karambir Singh and others ... Petitioner(s)

Versus

State of Haryana and others ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Jagdish Rai, Advocate for the petitioner(s).

**** AMIT RAWAL, J. (ORAL) Petitioners have invoked jurisdiction of this Court under Articles 226/227 of the Constitution of India for issuance of direction to the respondents to consider the applications of the petitioners for the post of Senior DOTS plus TB HIV Supervisor in pursuance to advertisement dated 14.06.2009 by giving the age relaxation.

The essential qualification and age limit for the aforesaid post are as under:- ''Essential Qualification:- (i) Graduate (ii) Certificate course in computer operation (minimum two months) (ii) Permanent two wheeler driving license and should be able to drive two wheeler (iv) Good communication skills in local language and willing

to travel in the area of work.

(v) Hindi/Sanskrit upto Matric.

Desirable (i) At-least 2 years of work experience under RNTCP or 5 years experience in nay public health programme in a supervisory capacity Age Limit : 18-42 years.''

Learned counsel for the petitioners submit that the petitioners have been working on contractual basis for the last many years and became overage. The State Government has come with instructions dated 03.07.2019 giving the age relaxation, in such, circumstances, the petitioners are only sought the right of consideration.

I have heard learned counsel for the petitioners, appraised the paper book and of view that there is no force and merit in the submissions of Mr. Jagdish Rai, for the simple reason that instructions dated 03.07.2019 were only with regard to compete for regular employees. Para No.1 of the instructions reads as under:- ''I am directed to invite your attention on the subject noted above and to say that Hon'ble High Court in a case CWP 17206 of 2014 titled Yogesh Tyagi and another V/s State of Haryana and others" have directed to grant relaxation in age to the persons who have worked continuously on ad hoc/contract/work-charged/daily wages basis in any Department/Board/Cooperation of Haryana Government to make them eligible to compete for regular recruitment.'' Top-line of the advertisement dated 14.06.2019 reveals that

applications are invited only for filling up the various posts, on contract basis, and not regular, thus, the petitioners cannot seek the benefit of the aforesaid instructions. No ground is made out for interference. The writ petition is devoid of merit and accordingly, it is hereby dismissed. ( AMIT RAWAL ) JUDGE 19.07.2019 Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No