Vijendra Singh Chouhan vs The Union Of India
2021 Latest Caselaw 12931 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11170/2021

Vijendra Singh Chouhan S/o Jai Singh, Aged About 43 Years, R/o Ganpati Niwas Plot 11 A Suraj Nagar Near 18 E Sector Chb Jodhpur Rajasthan 342008

----Petitioner Versus

1. The Union Of India, The Secretary, Ministry Of Defence, Government Of India Room No. 234 South Block New Delhi- 110001

2. The Additional Director General Of Territorial Army, G.s.

Branch L Black Church Road New Delhi.

3. Chief Of Army Staff, Army Room B 30 Adg Start Common South Integrated Head Quarter Of Mod New Delhi 110011

4. Chief Of Defense (Cds), Room 234 South Block Ministry Of Defense New Delhi 110011

----Respondents

For Petitioner(s) : Mr. Ripudaman Singh For Respondent(s) :

JUSTICE DINESH MEHTA

Judgment

18/08/2021

(1) By way of present writ petition, the petitioner has prayed

that the petitioner be permitted to fill-in application form for

the post of 'Territorial Army Officer (Non Departmental)'

pursuant to recruitment notification (Annex.1).

(2) It is contended by Mr. Ripudaman Singh, learned counsel

that the upper age limit as mentioned in the advertisement

is 42 years, which ought to have been 45 years.

(2 of 3) [CW-11170/2021]

(3) The petitioner who is presently 43 year old has prayed that

the upper age limit be considered 45 years and he be

allowed to participate.

(4) Relying upon para no.3 of Appendix-VIII of Extract of

Appendix VIII of TAREGS, 1948, learned counsel argued that

it was incumbent upon the Chief of the Army Staff to have

granted 3 years' relaxation.

(5) No facts have been brought to the notice of the Court for

which the Chief of Army Staff was required to extend the

upper age limit.

(6) In the opinion of this Court, para no.3 of the said Appendix

confers discretion upon Chief of Army Staff to grant

relaxation for a period of 3 years.

(7) True it is that the petitioner has sent a notice for demand of

justice requesting Chief of Army Staff to increase the upper

age limit as per the terms of the para no.3 of the said

Appendix, but in the opinion of this Court, no mandamus can

be issued to the employer to increase upper age limit merely

because the statutory provision confers discretion in it.

(8) Fixing the eligibly criteria and even upper/lower age bracket

is the discretion of the employer. It is not within the domain

of this Court to tinker with the same or to issue direction in

this regard.

(9) In view of the aforesaid, this Court does not find any merit,

substance and force in the present writ petition.

(10) The writ petition, therefore, fails.

(3 of 3) [CW-11170/2021]

(11) The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

234-CPGoyal/-

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