Aparesh Kumar Singh, J. - (1.) Heard counsel for the parties. In the Advertisement No. 6/2015, issued by the Jharkhand Public Service Commission (hereinafter to be referred as 'JPSC'), Clause -4(i) thereof prescribes relaxation of five years upper age limit to Government employees serving the Government of Jharkhand over a period of continuous three years. This benefit is not ' extended to the contractual employee or the daily wage employee under the State. Petitioner is aggrieved with this part of the advertisement which has been issued for direct recruitment of Assistant Engineers (Civil/Mechanical) in Road Construction Department, Water Resources Department, and Drinking Water and Sanitation Department.
(2.) Petitioner admittedly is the employee of Railways working on the post of Junior Engineer (Estimate) in the office of Deputy Chief Engineer (Construction), South Eastern Railway, Ranchi. Petitioner has assailed the impugned Clause on the grounds that they are discriminatory. The classification is not valid on the test of Article 14 of the Constitution of India.
(3.) Advertisement issued by the UPSC for different posts enclosed at Annexure -3 series have been relied upon to submit that if such a relaxation in upper age limit is extended to serving employees, it should be irrespective of the State Government/Union Territories or Union Government under which they are serving, as the case is for recruitment undertaken by the UPSC. It is submitted by the petitioner that he is working in Railway Projects executed within the State of Jharkhand on the basis of Memorandum of Understanding (MOU) between the respondent Government of Jharkhand and Ministry of Railway, Government of India. On that basis also, petitioner may be considered entitled for age relaxation as he is serving in the projects being executed with the State Government. Learned counsel, in support of the aforesaid submissions, has stated that classification does not have a distinct object to be achieved as merit should alone be the criteria for all serving employees, whether be it Jharkhand Government or any other Government in matters of recruitment. Therefore, he has sought quashing of the impugned Clause -4(i) or in the alternative, to grant him some age relaxation as he has completed three years of regular service in the Central Government.;