IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17794 of 2009(T) -------------------------------------- PETITIONER(S): ---------------------- JINI K.VARGHESE, KOCHAVYATHU HOUSE, ERAVANKARA.PO., MAVELIKKARA, ALAPUZHA DISTRICT. BY ADV. MR.T.G.RAJENDRAN. RESPONDENT(S): ------------------------ 1. KERALA PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOZHIKODE. 3. STATE OF KERALA, REP. BY THE SECRETARY, ANIMAL HUSBANDARY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R3 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. R1 & R2 BY ADV. MR.ALEXANDER THOMAS, SC, KPSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 17794 of 2009 T =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 25th day of June, 2009 JUDGMENT Heard Sri. T.G. Rajendran, the learned counsel appearing for the petitioner, Sri. Alexander Thomas, the learned standing counsel appearing for the Kerala Public Service Commission and Sri. Antony Mukkath, the learned Government Pleader appearing for the third respondent. 2. The petitioner was an applicant for appointment to the post of Live Stock Inspector Grade-II. The notification inviting applications was published in the Kerala Gazette dated 27-3-2008. The petitioner is an open category candidate. Her date of birth is 18-5-1971. The upper age limit prescribed for open category candidates is 35 years as on 1-1-2008. The petitioner completed 35 years of age on 18-5-2006 and therefore as on 1-1- 2008 she had crossed the upper age limit. The petitioner, however, applied pursuant to the notification issued by the Kerala Public Service Commission. By Ext.P4 letter dated 6-6-2009 the Kerala Public Service Commission informed her that as she has crossed the upper age limit, her W.P.(C) No. 17794/09 2 application stands rejected. Ext.P4 is under challenge in this writ petition. Relying on Exts.P7, P8 and P9 certificates the petitioner contends that the period of provisional service rendered by her in Government departments is liable to be excluded, while computing the upper age limit and, therefore, the rejection of her application is not in order. 3. The upper age limit has to be reckoned as on 1-1-2008, since the notification was published in the Kerala Gazette dated 27-8-2008. As stated earlier, the petitioner attained 35 years of age on 18-5-2006. The last date for submission of application was on 30-4-2008. Therefore, only the service rendered by the petitioner as a provisional employee prior to 30-4-2008 can be taken into account for the purpose of deciding whether she is entitled to age relaxation by virtue of the provisional service rendered by her. 4. Ext.P7 discloses that the petitioner had worked as Live Stock Inspector on a provisional basis for a period of one year from 11-10-2006 to 10-10-2007. The provisional service referred to in Exts.P8 and P9 is after 30-4-2008. Therefore, the said provisional service cannot be taken note of for the purpose of age relaxation. Even if the petitioner is given age relaxation by one year, the period during which she had worked as Live Stock Inspector on a provisional basis before 30-4-2008, as the petitioner attained the age of 35 years on 18-5-2006, it cannot be said that she had not W.P.(C) No. 17794/09 3 crossed the upper age limit as on 1-1-2008. Therefore, the Kerala Public Service Commission was perfectly right in rejecting the petitioner's application. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE. mn.