- (1.) This writ petition has been filed assailing the judgment and order dated 10th August 2009 passed by the West Bengal Administrative Tribunal in O.A No. 225 of 2009 whereby and whereunder the said Learned Tribunal dismissed the writ petition on merits.
(2.) The Petitioner applied for the post of constable in Kolkata Police and was called for interview on 13th August 1998. The date of birth of the Petitioner as mentioned in the Admit Card of the Madhyamik Examination is 25th October 1971. The maximum age for appointment to the post of constable in Kolkata Police was 25 years at the relevant time when the said Petitioner was called for interview. The said Petitioner had undisputedly crossed 25 years on the date of interview and therefore the candidature of the Petitioner was rejected on that ground of crossing the prescribed upper age limit.
(3.) It has been submitted on behalf of the Petitioner that the said Petitioner did not cross the prescribed upper age limit on the date of the interview i.e. on 13th August 1998. On behalf of the Petitioner reliance was placed on the office memorandum dated 19th May, 1998 issued by the Special Secretary, Finance Department, Government of West Bengal and the subsequent office order dated 14th June, 1999 issued by the Home Department, Police Branch, Government of West Bengal. In partial modification of the provision of the West Bengal Services (Raising of age limit) Rules 1981 the upper age limit for direct recruitment to posts/service was raised by the notification dated 19th May, 1998 issued by the Finance Department, Government of West Bengal. Following the aforesaid memo dated 19th May, 1998 issued by the Finance Department, another office order was issued by the Home Department, Government of West Bengal raising the upper age limit for direct recruitment to the different posts under West Bengal Police and Kolkata Police to 27 years from the age of 25 years. The said office order dated 14th January, 1999 Home Department, Police Branch is set out hereunder: From: P.K. Sengupta, OSD and DS., Govt. of West Bengal. To 1) The D.G. and I.G.P., West Bengal Writers' Buildings, Calcutta. Dated Calcutta, the 14th day of January 1999 2) The Commissioner of Police, Cal., 18, Lalbazar Street, Cal-1. Sub: Raising of upper age limit for direct recruitment To the posts of Constables (both male and Female) A And Sub-Inspector/Sub-Inspectors (both of Branch and Armed Brach) and in West Bengal Police and Calcutta Police. Memorandum Consequent upon the raising of age limit by the Govt. in terms of F.D. Memo No. 3900-F dt. 19.5.1998 the question of raising of upper age limit for direct recruitment to the different post under West Bengal Police and Calcutta Police were under consideration of the Govt. After Careful consideration of the matter the government has been pleased to order that the minimum and maximum age of recruitment to the ranks of sub-Inspector/Sub-Inspectors, Surgent, Constable/Sepoy (male/female) and similar other ranks as are now guided by the provisions of the police Regulations Bengal/Police Regulations Calcutta, should on the 1st day of January of the year of recruitment, be as follows. (i) Sub-Inspector/Sub-Inspectors/Sergeant, Minimum Age/ 20 Maximum Age/ 27 (The upper age limit may be relaxed by 5 years in the case of SC/ST Candidates) (ii)Constable/Sepoy (Both male/female) Minimum Age/ 20 Maximum Age/ 27 (The upper age limit may be relaxed by 5 years in the case of SC/ST Candidates) 2. This will take immediate effect. 3. Necessary amendments to the Police Regulations Bengal and Police Regulations Calcutta will be made in due course. This issues with the concurrence of the Finance Deptt. Vide U/O No. Group-P 3092 dt. 23.12.98.;