VIJESH ASOPA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-10-9
HIGH COURT OF RAJASTHAN
Decided on October 01,2014

Vijesh Asopa Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) The petitioners, said to be possessing the requisite qualification for appointment on the post of Junior Engineer, Accountants Assistant under Rajasthan Rural Development and Panchayati Raj State and Subordinate Service Rules, 1998 (hereinafter after referred to as 'the Rules of 1998') pursuant to the advertisement dated 25.03.2013 issued by the Rural Development and Panchayati Raj Department, have filed these writ petitions, while challenging the validity of newly inserted proviso to Rule 14 of the Rules of 1998 vide Notification dated 06.03.2013. The newly inserted proviso to Rule 14 of the Rules of 1998 is reproduced hereunder: "the upper age limit mentioned above shall be relaxed in case of direct recruitment to the post of Junior Engineer, Assistant Programme Officer, Computer Instructor (PR), Accounts Assistant, Coordinator Training, Coordinator I.E.C. and Coordinator Supervision by a period equal to service rendered on contract other than through placement agency on the post of Junior Technical Assistant/Senior Technical Assistant, Junior Engineer, Programme Officer, Assistant Programme Officer, Manager SGSY, Programmer, MIS Manager, Lekha Sahayak/Accountant/Assistant Accounts Officer, Coordinator Training, Consultant Training, Coordinator IEC or Coordinator Supervision under MGNREGA, or any scheme of the Department of Rural Development and Panchayati Raj or Junior Engineer working on contract other than through placement agency under any project of the Department of Education in the State, if he/she was not over age at the time of engagement."
(2.) The petitioners, who are working on the post of Junior Accountants and Junior Technical Assistants in the schemes run by the State of Rajasthan are aggrieved by the condition mentioned in the newly added proviso to Rule 14 of the Rules of 1998, which prescribes that age relaxation in upper age limit will be provided by a period equal to service rendered on contract to those candidates only, who were not over age at the time of their engagement in the schemes mentioned in the provisions.
(3.) Admittedly, the petitioners were over age at the time of their engagement on the posts of Junior Accountants and Junior Technical Assistants under the schemes mentioned in the proviso.;


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