IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.19389 of 2009 Date of decision: 25.5.2010 Gur Jai Pal Singh -----Petitioner. Vs. State of Punjab and others. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. H.C. Arora, Advocate for the petitioner Mr. Jaswinder Singh, DAG, Punjab. --- ADARSH KUMAR GOEL, J. 1. This petition seeks quashing of Rule 7 of the Punjab State Civil Services (Appointment by Combined Competitive Examination) Rules, 2009 to the extent of fixing the upper age limit at 35 years for the Combined Competitive Examination for recruitment to the posts including 38 posts of Punjab Civil Services (Executive Branch). 2. Case of the petitioner is that he was employed in the office of Executive Engineer, PWD (B&R), on deputation. His parent employer is Central Government. He applied for recruitment through Combined Competitive Examination in terms CWP No.19389 of 2009 of advertisement dated 26.11.2009. The petitioner being above 40 years, was ineligible, as per the said advertisement. Contention raised in the petition is that taking upper age limit of 35 years was illegal. 3. Reply was filed contesting the claim in the writ petition and defending legality of upper age limit of 35 years. 4. In rejoinder, the petitioner pointed out that Government took a decision on 9.11.2009 to relax the upper age limit for employees working with the Punjab Government or other State Government or the Government of India upto 45 years and this decision was conveyed to Public Service Commission on 12.11.2009. Inspite of above, the petitioner was not being treated to be eligible. 5. Under interim order dated 21.12.2009, the petitioner was allowed to file his application, which was to be kept separate subject to orders in the writ petition. On 22.2.2010, this Court noticed the contention based on decision dated 9.11.2009 and gave time to the counsel for State to obtain instructions. Thereafter, the matter was adjourned on several dates. 6. We have heard learned counsel for the parties. 7. Only point which has been pressed by learned counsel for the petitioner is to hold him eligible as per decision dated 9.11.2009. Other points, in the petition are covered against the petitioner by order of this Court dated 22.4.2010 in C.W.P. No.18688 of 2009 Lakhwinder Singh & others v. State of 2 CWP No.19389 of 2009 Punjab and others, Letter dated 12.11.2009, Annexure P-7, of the State, conveying to the Public Service Commission that upper age limit for Government employees be treated as 45 years, has not been disputed on behalf of the State. The letter does not restrict the relaxation to the employees of Punjab Government, as is being sought to be contended on behalf of the State of Punjab. The letter is reproduced below:- “On the above subject, and in response to your fax message No. Exams/1/2008/a/12/6576 dated 4.11.2009, I have been directed to draw your attention to the second proviso under Rule 7 of the Punjab Civil Services (Appointment by Combined Competitive Examination) Rules, 2009, and second proviso below Rule 5 of the Punjab Civil Services (General & Common Conditions of Service) Rules, 1994, and to say that in the light of these provisions, the Government has taken a decision that for direct recruitment to PCS (Executive Branch) and other allied services under the present process, the upper age limit for Government employees be treated as 45 years. This letter has been written after permission from the Chief Minister.” (underlining is ours) The word ‘Government employees’ in the said letter being not restricted to employees of any particular Government, clearly covers the case of the petitioner who is also a Government 3 CWP No.19389 of 2009 employee under Central Government and working on deputation with the Punjab Government. 8. In view of above, we hold that upper age limit to the petitioner has to be treated to be 45 years. The petition is disposed of accordingly. (ADARSH KUMAR GOEL) JUDGE May 25, 2010 ( ALOK SINGH ) ashwani JUDGE 4