Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

should not have altogether ignored the aforesaid Memorandum dated 19 th May, 1998 by refusing to
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relax the upper age limit of the petitioner. The Public Service Commission authorities either should
have approached the Tribunal for necessary clarification on account of issuance of the aforesaid
Memorandum dated 19th May, 1998 or at least could ask the concerned department to send the
proper instruction in view of the subsequent modification of the provisions of the West Bengal Services
(Raising of Age Limit) Rules, 1981 relaxing the upper age limit due to the issuance of Memorandum
dated 19th May, 1998.
Unfortunately, the Chairman and the Secretary of the Public Service Commission failed and neglected
to take appropriate decision in the matter as a result whereof the petitioner suffered serious prejudice.
However, considering the entire aspects of the matter we are constrained to hold that in view of the
wrong understanding about the implications of the Memorandum dated 19th May, 1998, the said
alleged contemnors refused to allow the petitioner to appear at the interview in spite of specific order
passed earlier by the learned Tribunal. Since the alleged contemnors were confused by the Recruitment
Rules as notified on 7th March, 1989, we are of the opinion that the said alleged contemnors could not
realize the implications of the modification of the provisions of the West Bengal Services (Raising of
Age Limit) Rules, 1981 as mentioned in the Memorandum dated 19th May, 1998, while proceeding in
terms of the order dated 17th May, 1999 passed by the learned Tribunal. In the aforesaid circumstances,
we hold that the alleged contemnors did not willfully and deliberately refuse to comply with the earlier
directions of the learned Tribunal as mentioned in the order dated 17th May, 1999 and in our opinion,
the learned Tribunal in the impugned judgment and order has rightly held that there was no willful
defiance on the part of the alleged contemnors to comply with the earlier order dated 17th May, 1999
passed by the learned Tribunal.
For the aforementioned reasons, we approve the decision of the learned Tribunal and affirm the
order dated 1st December, 2003 passed in C.C.P. No.105 of 1999.
In the aforesaid circumstances, this application fails being devoid of any merit and the same is,
therefore, dismissed.
There will, however, be no order as to cost.
West Bengal PSC
Let urgent xerox certified copy of this order, if applied for, be given to the parties as early as
possible.
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