CWP No.3299 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.3299 of 2010 (O&M) Date of Decision: 04.04.2011 **** Sneh Lata & Ors. . . . . Petitioners VS. Municipal Corporation, Chandigarh & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Subhash Ahuja, Advocate for the petitioners Mr. Pradip Bhandari, Advocate for respondents No.1&2 Mr. Sanjay Kaushal, Sr.Standing Counsel, UT Chd. **** SURYA KANT J. (ORAL) (1). The petitioners seek quashing of clause (1) of the Terms and Conditions stipulated in the Advertisement dated 20.02.2009 (Annexure P2) as well as the order dated 09.02.2010 (Annexure P7) to the extent it prescribes 25 years as the maximum age limit for recruitment to the posts of Clerk, Steno-typist, Data Entry Operator etc. in the Municipal Corporation, Chandigarh. The petitioners also seek a mandamus to enhance the maximum age limit upto 35 years and/or grant them relaxation as they CWP No.3299 of 2010.doc - 2 – have crossed the age of 25 years while working on these very posts on contract basis in the Corporation. (2). The undisputed facts are that the petitioners are working as Data Entry Operators, Steno-typist, Clerk-cum-Typist in the Corporation on contract basis for the last many years; their details of appointment and date of birth are as under:- Post held Date of appointmen t Date of Birth Petitioner No.1 Data Entry Operator 19.07.1997 02.12.1975 Petitioner No.2 Steno-typist 21.03.2001 04.12.1978 Petitioner No.3 Clerk-Typist 10.04.2002 22.07.1978 Petitioner No.4 Clerk 16.12.2003 17.03.1980 Petitioner No.5 Data Entry Operator 11.05.2005 28.02.1981 Petitioner No.6 Steno-Typist 02.08.2005 15.05.1981 (3). The petitioners were thus below 25 years of age at the time of their appointment on contract basis. (4). The respondents have now issued the advertisement (Annexure P2) to fill up these very posts on regular basis and clause (1) of the terms and conditions lays down that the maximum age limit for the posts against which the petitioners are working on contract basis “should be between 18-25 years”. Since the petitioners have crossed the age of 25 years, they represented for enhancing the maximum age limit and/or to grant them relaxation for the period during which they have worked on contract basis. But their representation(s) having been turned CWP No.3299 of 2010.doc - 3 – down vide the impugned order dated 09.02.2010 (Annexure P7) that they have approached this Court. (5). The above-stated facts are broadly not in dispute. (6). The solitary question that arises for consideration is as to whether or not the petitioners are entitled for relaxation in age for the period during which they have worked on contract basis? In my considered view the issue being no longer res integra does not require any detailed discussion. This Court had earlier in Dr. Devinder Pal Bansal v. State of Punjab & Ors. 1996(4) RSJ 42 held that a person who has worked on ad hoc basis is entitled to the benefit of such ad hoc service while determining his eligibility in respect of age. The Hon’ble Supreme Court in Harminder Kaur & Ors. v. Union of India & Ors., 2009(4) RSJ 153 also considered somewhat similar issue regarding relaxation in maximum age limit in favour of the Teachers who were working on contract basis and had become overage for recruitment on regular basis in the Chandigarh Administration. While rejecting the claim for regularization of services of the contract Teachers, the Apex Court approved the view taken by the High Court for the relaxation in age to the extent the period the Teachers worked on contract basis. Para 18 of the judgement reads as follows:- CWP No.3299 of 2010.doc - 4 – “We, therefore, are of the opinion that the High Court was correct in its view. We were, however, informed that 800 posts of teachers are lying vacant. Ms. Kamini Jaiswal informed that the Administration is ready and willing to fill up the said posts on a regular. While doing so, we have no doubt in our mind that the cases of the appellants shall also be taken into consideration and the Administrator may consider the desirability of relaxing the age limit provided for in the Rules.” (7). It is true that Regulation 5(A)(i) of the Chandigarh Municipal Corporation (Municipal Group ‘C’ Services) Regulation, 1997 provides that “no person shall be recruited to the service by direct recruitment, if he is less than 18 years or more than 25 years of age on the date of closing day for receipt of application…...”, however, its third proviso enables the Appointing Authority to, “for reasons to be recorded, in writing, relax the upper age limit for category or class of persons”. (8). The statutory Service Rules considered by this Court in Dr. Devinder Pal Bansal’s case (supra) were somewhat pari materia and it was on consideration of the enabling provision that this Court ruled that an ad hoc employee CWP No.3299 of 2010.doc - 5 – would be entitled to the benefit of his ad hoc service towards eligibility in respect of the age. (9). It may be mentioned here that this Court vide orders dated 26.02.2010 and 18.03.2010 directed the respondents to permit the petitioners to appear in the Type/Stenography tests which were scheduled to be held on 28.02.2010 and 20.03.2010, respectively, though subject to final outcome of the writ petition. Pursuant thereto, the petitioners appeared in the Examination and their result produced in a sealed cover has also been perused. (10). For the reasons afore-stated, the writ petition is allowed; the impugned order dated 09.02.2010 (Annexure P7) is quashed and the respondents are directed to grant relaxation in the maximum age limit to the petitioners and if otherwise found eligible, to take further follow-up action within a period of two months from the date of receipt of certified copy of this order. (11). Ordered accordingly. Dasti. 04.04.2011 vishal shonkar (S u r y a K a n t) Judge