CUTTACK: The Orissa High Court has directed the state government to consider afresh the case of an ex-serviceman who could not apply for the post of assistant director (law) as he was over-aged.
The Odisha Public Service Commission (OPSC) had invited applications for recruitment of 80 posts of assistant director (law) in Group-B of Odisha Secretariat Service under Home department on November 18, 2021. Two posts were reserved for ex-servicemen including one for women.
As the upper age limit for ex-servicemen candidates was fixed at 40 years, petitioner Santosh Adhikari, a former Indian Air Force personnel, could not apply for the post as he was by then over aged by one-and-a-half years.
Initially, Adhikari submitted a representation to the chief secretary on December 14, 2021 with a prayer to increase the upper age limit from 40 years to 45 years for ex-servicemen category at par with in-service government employees. When his representation was not considered he filed a petition in the High Court on December 17, 2021.
Disposing of the petition recently, the single judge bench of Justice AK Mohapatra directed the state government to consider the case of Adhikari afresh within six weeks. Justice Mohapatra said, “Two grounds which touches the judicial conscience of this court in the context of the present case are the report of the parliamentary standing committee on defence recommending grant of relaxation in upper age limit to ex-servicemen candidate in the matter of recruitment to a civil post and the disparity in the rule as well as in the advertisement with regard to the age of in-service government candidates and ex-servicemen candidates.”
The judge in the March 1 order observed that the case of the petitioner needs to be reconsidered by the government keeping in view the fact that the petitioner belongs to ex-servicemen category and two posts, which were reserved for such category, have not been filled up and that the state government is competent to grant such relaxation to a particular class of category of persons in the interest of public service.
“While considering the case of the petitioner, the state government shall do well to keep in mind that the petitioner is an ex-serviceman who has served the nation for several years through the Indian Air Force and accordingly, a decision be taken in the larger interest of a particular category of persons,” Justice Mohapatra said.
Earlier, pursuant to an interim order by the court, the OPSC had allowed the petitioner to participate in the recruitment process by appearing in the written examination and the viva voce test. However, the result of the petitioner was kept in a sealed covered as per the interim order.
Disposing of the petition, Justice Mohapatra directed that in the event the state government comes to a conclusion that the petitioner is entitled to such relaxation, then the result of such recruitment in respect of the petitioner, which was kept in a sealed cover, shall be opened and thereafter necessary follow up steps be taken by the authorities within a period of four weeks from the date of taking such decision.