- (1.) THE petitioner is holding Degree of M. Sc. Agriculture and presently he is working as Village Extension Worker in Agriculture Department for the last more than four years. He filed application for the post of Agriculture Assistant/Agriculture Extension Officer in response to advertisement by Public Service Commission, Respondent No. 2 but his application was rejected on the ground that he was over -aged by one month and 13 days. The petitioner thereupon filed application before State Government for seeking relexation of his age but the Government addressed a letter to Secretary, Public Service Commission informing the age V it for direct recuritment to Government service in respect of in service candidates having been raised to 38 years as per Government order No - 70 -GAD of 1989 dated January 19, 1989. The petitioner has alleged in the petition that despite the above said direction of the State Government, respondent No. 2 has not intimated him to appear in the interview to be held on May 13, 1989 He has prayed for issuing direction to respondent to consider him for appointment to the post of Agriculture Assistant/Agriculture Extension Officer as an eligible and qualified Government Officer.
(2.) THE respondent No - 2 has filed counter stating that the concession allowed under Government Order No. 70 -GAD of 1989 dated January 19; 1989 where -under the age limit for direct recuritment to Government service was raised to 38 years for in -service candidates would not be available to the candidates who bad applied in response to the Notification issued during the year 1988 for which post the age has to be reckoned as on 1st January, 1988. It has also been pointed out in the said counter that the petitioner was interviewed on his own risk and responsibility on May 22, 1989 under the directions of this Court.
(3.) I have heard the learned counsel for the parties and perused the record. The only point for determination in this case is as to whether the petitioner is entitled to concession allowed by the Government of Jammu and Kashmir in Government order No. 70 GAD of 1989 dated January 19, 1989 whereby the age limit for direct recruitment to Government service has been raised. This Government order reads as under. "Government of Jammu and Kashmir General Administration Department Subject: - Raising of age limit for entry into Government service -in respect of scheduled caste/physically handicapped and in -service candidates. Reference: Cabinet Decision No 6 dated 13 -1 -1989 Dated 19 ... 1 . 1989 It is hereby ordered that the upper age limit for direct recruitment to Government service in respect of scheduled caste candidates/physically handicapped persons and in -service official shall now be as under: - 1. Scheduled caste - - 37 years 2. Physically handicapped - - 38 years 3. In -service candidates - -38 years By order of the Government of J&K Sd/ - (Qazi Mohd. Amin) Secretary to Govt. General Administration Department.  It also comes out from record that the petitioner after getting letter from Public Service Commission regarding rejection of his application on the basis of his being over -aged by one month and 13 days applied to the Government for relexation of age and on it Under Secretary to Government, General Administration Department addressed the following letter to Secretary, Public Service Commission, Jammu. "To The Secretary, Public Service Commission, Jammu No. GAD (MTG) KB/2/89 dated 28 -4 -1989 Subject: - Raising of age limit. Sir, I am directed to forward herewith an application in original of Shri Gian Singh Sudan s/o S. Sodan Singh village and P. O. Bhoure Camp Ward No. 1, Jammu for appropriate action. The age limit for direct recruitment to Government service -in respect of in -service candidates has been raised to 38 years. A copy of Government order No. 70 -GAD of 1989 dated January 19, 1989 is enclosed for ready reference in this behalf. Yours faithfully, Sd/ - Under Secretary to Govt. General Admn. Department." M/s A. V. Gupta and S. K. Raina, learned counsel rearing for the respondents have taken only plea that the above said concession under Government order No. 70 -GAD of 1989 dated January 19 1989 would not be available to the petitioner as he had applied in response to the Notification issued by Public Service Commission during the year 1988 and as, provided in the Notification age had to be reckoned as on 1 -1 -1988 and the age at that time was 35 years for in -service candidates. I think this argument has no basis. The Public Service Commission, it seems has taken rigid attitude which is not permissable under law. Now it is required to be seen whether the petitioner was within the prescribed age on the date when he applied for the post and also whether he was coming in the said age limit on the day when be was interviewed. Admittedly the petitioner was fulfilling all the requirements including that of age when he applied for the post of Sub Inspector. He whs interviewed on May 22, 1989. The Government raised the upper age limit for in -service candidates to 38 years under order No. 70 -GAD of 1989 dated January 19, 1989. The petitioner was not over 38 years on the day when he was interviewed. The concession of age allowed under the above said order was thus applicable to the petitioner as he was already serving in the Agriculture Department. The petitioner applied for relexation of age after receiving letter of rejection of his application from respondent No. 2 on the basis of his being over -aged and. the Government by addressing a letter to Secretary, Public Service Commission also took the same stand by informing about the raising of the age limit of in -service candidates to 38 years. 5. Considering the above facts and circumstances the petition is allowed and a direction is issued to respondent No. 2 to consider the petitioner for appointment to the post of Agriculture Assistant/Agriculture Extension Officer as an eligible candidate. The petitioner has already been interviewed by respondent No. 2 in pursuance of the order of this Court dated May 19, 1989. Now only his result is required to be declared which shall be declared forthwith.;