JUDGMENT

D.K. Jain, J. —

1. Leave granted.

2. These two appeals, by special leave, are directed against the judgment and final order dated 5th January, 2010 delivered by the High Court of Judicature at Madras, whereby the High Court, in slight modification of the order passed by the Central Administrative Tribunal, Madras Bench (for short “the Tribunal”), has directed that the respondents shall be given a relaxation of five years and three years respectively to SC/ST and OBC candidates in age limit for being considered for selection to the post of Sepoy in the Central Excise department, Ministry of Finance, Government of India. However, the High Court has directed that the said relaxation would be applicable to those candidates who were actually erstwhile employees of the said department.

3. Shorn of unnecessary details, the facts essential for adjudication of the present appeals may be stated as follows:

The respondents were engaged as part-time contingent casual labourers-purely on temporary basis in the Office of the Commissioner of Central Excise, Chennai Zone, in the year 1999. As per offer of appointment on record, they were required to work on the basis of the need of the o