IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16596 of 2009(T) ------------------------------------- PETITIONER(S): ---------------------- JAYAKUMARI P., W/O.RAJESH T.R., AGED 33, ERA-107, MEDICALL COLLEGE P.O., THIRUVANANTHAPURAM. (WORKING AS COOK ON DAILY WAGES UNDER THE IST RESPONDENT). BY ADVS.MR.B.S.SIVAJI MR.V.R.SWAMINATHAN RESPONDENT(S): ------------------------- 1. SREE CHITRA TIRUNAL INSTITUTE, FOR MEDICAL SCIENCES AND TECHNOLOGY, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM -11, REPRESENTED BY ITS DIRECTOR. 2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF SCIENCE & TECHNOLOGY, NEW DELHI. R1 BY ADV. MR.T.R.RAVI R2 BY MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.16596 of 2009-T ------------------------------ Dated this the 19th day of June, 2009. J U D G M E N T Heard Sri.B.S.Sivaji, the learned counsel appearing for the petitioner, Sri.T.R.Ravi, the learned standing counsel appearing for the first respondent and Sri.P.Parameswaran, the learned Assistant Solicitor General of India appearing for the second respondent. 2. The petitioner is presently working as Cook on daily wage basis in the Sree Chitra Tirunal Institute for Medical Sciences and Technology. She belongs to Ezhava community, which is a backward class in the State of Kerala. 3. The first respondent recently invited applications from eligible persons for appointment to the category of Cook. The upper age limit prescribed in the notification is 30 years as on 30.11.2008. The petitioner's date of birth is 25.5.1976. As on 30.11.2008 she had attained 32 years of age. This writ petition is filed alleging that the respondents have failed to give her the benefit of age relaxation by three years and decided to reject her application. In this writ petition the petitioner seeks the following reliefs: i) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the first respondent to appoint the petitioner as 'Cook' in the scale of Rs.3050-4590; W.P(C) No.16596 of 2009-T 2 ii) to declare that petitioner is eligible to be considered for the post of 'Cook' under the first respondent." 4. According to the petitioner, being a member of a backward community she is entitled to age relaxation by three years. She relies on the stipulation contained in the Central Civil Services and Civil Posts (Upper Age-Limit for Direct Recruitment) Rules, 1998 wherein it is stipulated that upper age limit for direct recruitment shall be increased by three years in the case of backward class candidates. Sri.T.R.Ravi, the learned standing counsel appearing for the first respondent submits with reference to OM No.36012/13/88/-Estt. (SCT) dated 25.5.1989 and O.M. No.36011/1/98-Estt (Res.) dated 1.7.1998 issued by the Department of Personnel & Training, Government of India, that relaxation of upper age limit is available only for appointment against reserved vacancies and that such relaxation is not available for appointment against unreserved vacancies. Copies of the office memoranda were also made available to me for perusal. The learned standing counsel appearing for Sree Chitra Tirunal Institute for Medical Sciences and Technology also made available a notification issued by the Union Public Service Commission that appeared in Keralakaoumudi, Thiruvanthapuram edition dated 13.6.2009 which reflects the contents of the aforesaid office memoranda. 5. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The post of Cook in the Sree W.P(C) No.16596 of 2009-T 3 Chitra Tirunal Institute for Medical Sciences and Technology is not a civil post under the Central Government. The service in the Sree Chitra Tirunal Institute for Medical Sciences and Technology is also not a Central Civil Service. Therefore the stipulation in the Central Civil Services and Civil Posts (Upper age limit for Direct Recruitment) Rules 1998 do not apply to petitioner. Further the pleadings disclose that the vacancy of Cook notified is one in the open category. On the terms of office memoranda issued by the Government of India the benefit of age relaxation to candidates belonging to the Scheduled Castes or Other Backward Communities cannot be extended to such candidates seeking appointment in the open category. The claim made by the petitioner is in my opinion without any merit. The writ petition fails and is accordingly dismissed. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab