IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 25263 of 2011(G) --------------------------------------- PETITIONER(S): ------------------------ GEORGE VARGHESE P.G., THEKKEBHAGATH HOUSE, RAMANKULANGARA, KAVANAD, KOLLAM - 691 003. BY ADV. SRI.UNNI. K.K. (EZHUMATTOOR) RESPONDENT(S): -------------------------- 1. THE PRINCIPLE SECRETARY TO GOVERNMENT GENERAL ADMINISTRATION (SAINIK WELFARE) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001 2. THE LAW SECRETARY, LAW DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001 3. DISTRICT COLLECTOR, COLLECTORATE, KOLLAM.PIN-691 001 4. DIRECTOR, SAINIK WELFARE DIRECTORATE VIKAS BHAVAN, THIRUVANANTHAPURAM- 695 001. BY GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25263/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE IDENTITY CARD ISSUED BY THE ZILA SAINIK WELFARE OFFICER P2 COPY OF THE NOTIFICATION NO.M2-31990/2011 DATED 15/6/2011 OF THE 3RD RESPONDENT. P3 COPY OF THE APPLICATION OF THE PETITIONER WITH COVERING LETTER. P4 COPY OF THE LETTER DATED 16/8/2011 TO THE 3RD RESPONDENT. P5 COPY OF THE G.O.(P)NO.309/70/PD DATED 29/8/1970 P6 COPY OF THE G.O.(P)NO.109/PD DATED 21/3/1966. P7 COPY OF THE G.O.(MS).49/70/DD DATED 28/2/1970 P8 COPY OF THE PAGE 69 OF THE SAINIK SOUVENIER-2010 P9 COPY OF THE COMMUNICATION DATED 29/8/2011 P10 COPY OF THE LETTER ISSUED BY THE HIGH COURT RECRUITMENT COMMITTEE DATED 9/2/1996. P11 COPY OF THE LETTER ISSUED BY THE HIGH COURT RECRUITMENT COMMITTEE DATED 9/2/1996. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.25263 of 2011 --------------------------------------------- Dated this the 23rd day of September 2011 JUDGMENT The petitioner, an advocate practicing at Kollam has filed this writ petition seeking age relaxation in the matter of appointment of Government Law Officers in the District Court Centres and Additional District Court Centres. According to the petitioner, he is an Ex-service man who has retired from the Indian Air Force. He is aged 60 years. As per Ext.P2 notification, an advocate from the roll of the Bar Council of Kerala with 7 years experience is eligible to apply for selection and appointment to the post of District Government Pleaders and Assistant District Government Pleaders. Though the petitioner had submitted an application for including his name in the panel of advocates to be considered for appointment to the said post, the same was rejected. Thereupon, the petitioner submitted a letter producing Exts.P5, P6 and P7 Government orders seeking age relaxation for being WPC No.25263/2011 2 considered for such appointment. However, the same was not considered. Therefore, he has approached this Court seeking directions for the consideration of his claim. 2. The learned Government Pleader relies on Rule- 14 of the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978 (the 'Rules' for short) to contend that the Rules prescribe an outer age limit of 60 years, which is not subject to the relaxation that is contemplated by the Government Orders relied on by the petitioners. Therefore, it is submitted that the petitioner has no right to claim age relaxation. 3. A reading of Ext.P2 notification shows that no age limit is prescribed by the said notification. Applications are invited from qualified advocates on the roll of advocates of the Bar Council of Kerala having at least seven years of practice at the Bar and having integrity, reliability, reputation and good character. Exts.P5, P6 and P7 are Government orders that provide for age relaxation to Ex-service men so that they would WPC No.25263/2011 3 not be prevented by age bar in seeking appointments to various posts under the Government. Exts.P5, P6 and P7 are not applicable to the facts of the present case for the reason that in this case, no minimum age limit is prescribed for submitting applications pursuant to Ext.P2 notification. However, it is worth noticing that the Kerala Government Law Officers (Appointment & Conditions of Service) and Conduct of Cases Rules, 1978 stipulate an outer age limit of sixty years for appointment as Law Officers in the State. The Government orders relied on by the petitioner does not provide for relaxation of the outer age limit that is stipulated by the Rules. Apart from the above, as rightly pointed out by the learned Government Pleader, executive orders like Exts.P5, P6 and P7 cannot authorize relaxation of an age limit that is prescribed by the Rules. Provision for such relaxation would have to be incorporated by amendment of the Rules. As long as Rule- 14 is in existence, the petitioner is not entitled to seek any relaxation in age, as sought for by him. 4. In view of the above, the petitioner is not WPC No.25263/2011 4 entitled to any of the reliefs claimed in this writ petition. However, the petitioner may approach the Government by filing a proper representation seeking change in the policy of law and seek the introduction of a proper provision in the Rules permitting age relaxation to be granted to persons like the petitioner. With the above observation, this writ petition is dismissed. Sd/- K.SURENDRA MOHAN, JUDGE css/ true copy P.S.TO JUDGE