Case Note & Summary
The petitioner, Shri Dilip V. Sawant, was a Draughtsman Grade-II in the Town and Country Planning Department, Government of Goa, and belonged to the Other Backward Class (OBC). He applied for the post of Deputy Town Planner pursuant to an advertisement issued on 11 January 2008 by the Goa Public Service Commission. The last date for submission was 31 January 2008. The petitioner was 45 years and 5 months old on the relevant date. His application was rejected on the ground that he was overage, as the maximum age limit for the post was 45 years. The petitioner claimed that as a government servant, he was entitled to age relaxation up to 48 years, and as an OBC candidate, he was entitled to further relaxation, cumulatively. The Court examined the Goa Public Service Commission (Limits of Age) Rules, 2005. Rule 3 fixed the maximum age limit at 45 years. Rule 4 provided relaxation for government servants to the extent of the period of service rendered, not exceeding 3 years. Rule 5 provided relaxation for OBC candidates by 2 years, but only for direct recruits. The Court held that the relaxations are separate and cannot be cumulated. Since the petitioner was a government servant, he could not claim the OBC relaxation meant for direct recruits. Even if cumulated, the maximum age would be 48 years, but the petitioner was 45 years and 5 months, which was within 48 years. However, the Court found that the relaxation for government servants is not a fixed 3 years but depends on the period of service rendered. The petitioner had rendered about 18 years of service, so he could get relaxation up to 3 years, making the maximum age 48 years. But the OBC relaxation of 2 years is not available to him as he is not a direct recruit. Therefore, the petitioner was overage. The petition was dismissed.
Headnote
A) Service Law - Age Relaxation - Cumulative Benefit - Goa Public Service Commission (Limits of Age) Rules, 2005 - The petitioner, a government servant and OBC candidate, sought cumulative age relaxation of 5 years (3 years for government servants + 2 years for OBC). The Court held that the Rules provide separate and distinct relaxations for different categories, and they cannot be cumulated. The maximum age limit for the post was 45 years, and the petitioner was over 45 years. The relaxation for government servants is only to the extent of the period of service rendered, not a fixed 3 years. The OBC relaxation is 2 years but only for direct recruits, not for government servants. Since the petitioner was already a government servant, he could not claim OBC relaxation. The petition was dismissed. (Paras 1-10)
Issue of Consideration
Whether a government servant belonging to Other Backward Class is entitled to cumulative age relaxation under the Goa Public Service Commission (Limits of Age) Rules, 2005, i.e., relaxation for government servants plus relaxation for OBC candidates.
Final Decision
The petition is dismissed. The rejection of the petitioner's application is upheld.
Law Points
- Age relaxation for government servants and OBC candidates cannot be cumulated
- each relaxation is separate
- maximum age limit is fixed
