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Mukesh (Student)     05 October 2016

Article 12 and 14 of constitution

Dear Sir, 

Recently one state Public Service Commission has issued an advt. for recruitment. They are extending relaxation in upper age limit by 10 years to employees of 

1. own state govt.

2. own state PSUs

3. Other State PSUs

4. Central Govt. employees

BUT they have discriminated employees of CEntral Govt. PSUs from this benefit.

Is it a violation of Article 12 and 14 and 16?

DO I have a chance if I go for a writ?

Please suggest

 



Learning

 2 Replies

Ms.Usha Kapoor (CEO)     06 October 2016

Dear Client,

                Certainly  discrimination  of central Government employees is violative of  their rights under Art 12, 14 ands 16 of the constitution of India  writ remedy would lie against this discrimination of centralGovernmetn employees by the state Puvblic service commission.When they are considering other state PSUs  then why this discrimination against   the central Government employees? It is highly arbitrary and unconstitutional.If you  appreciate  this answer please click the thank you button on this forum.

jyotirmaya behera (advocate)     06 October 2016

Relaxation of age is different. If PSC have not recruit or did not fill up the post for 10 year. For that the candidate who have not appear for 10 year vacancy for them only it is applicable.

PSC Guide line it may also indicated that the recruitment is year wise vacancy. If the recruitment is year wise vacancy they how the relaxation of age come.  

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294


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