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IN THE HIGH COURT OF DELHI
Rajiv Shakdher, Talwant Singh, JJ.
Syed Ahmar Ali Hashmi - Appellant
Versus
Union Public Service Commission - Respondent
W.P.(C) 5231 of 2020 and CM No. 18857 of 2020
Decided On : 11-07-2021
| Table of Content |
|---|
| 1. details of the petitioner's employment and age relaxation policy. (Para 1 , 2) |
| 2. petitioner’s appeal to central administrative tribunal and proceedings. (Para 3 , 4) |
| 3. key provisions of the office memorandum regarding age relaxation. (Para 6 , 7) |
| 4. conditions for age relaxation eligibility outlined. (Para 8) |
| 5. respondents' objections to the applicability of the age relaxation. (Para 9 , 10) |
| 6. petitioner's arguments against the respondents' objections. (Para 11 , 12) |
| 7. court’s observations on the distinction between posts not found in om. (Para 14 , 15 , 16) |
| 8. nature of posts and distinction for age relaxation applicability (Para 17) |
| 9. court's reasoning for setting aside the previous order. (Para 19 , 20) |
| 10. final directions and conclusion of the case. (Para 21 , 22) |
JUDGMENT
Talwant Singh, J. The case of the petitioner is that, after acquiring the necessary qualification, he applied for the position of Junior Forensic/Assistant Chemical Examiner (Documents) with respondent nos. 2 and 3 and joined the said position on 18.04.2014 on contractual basis and still continuing in the same post.
2. On 11.06.2019, the respondent no. 2, i.e., Govt. of NCT of Delhi issued an Office Memorandum (OM) by which it granted age relaxation upto 5 years to contractual employees while applying against direct recruitment in the same department. This OM was reiterated and supplemented by instructions dated 10.07.2019 and it was specifically directed that the Departments/Undertakings will inform respondent no.1/ UPSC as well as DSSSB at the time of sending the requisition for recruitment. UPSC issued an advertisement for filling certain posts on behalf of Govt. of NCT of Delhi, including 4 vacancies for the post of Senior Scientific Officer (Documents), Forensic Science Laboratory, Home Department, Government of National Capital Territory of Delhi. But no relaxation upto 5 years in age was provided to the contractual employees of the same department, which was directly against the instructions contained in OM dated 11.06.2019. The last date to apply for the said post was 13.08.2020.
3. The petitioner approached the learned Central Administrative Tribunal (CAT) by filing OA No. 975/2020 on 30.07.2020 but vide order dated 07.08.2020, learned CAT was pleased to dismiss the OA in limine and feeling aggrieved by the said order, the present petition has been filed by the petitioner.
4. Notice in the writ petition was issued on 19.08.2020. Respondent nos. 2 and 3 have filed counter affidavit and on behalf of respondent no.1, i.e., UPSC, status report in the form of an affidavit was filed. The petitioner has filed rejoinder. Certain additional documents were also filed by the petitioner after taking leave of the Court.
5. We have heard arguments and our considered view is as under:
6. The entire case of the petitioner is based upon OM dated 11.06.2019; the said OM is reproduced hereunder:
"GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
SERVICES DEPARTMENT-(BRANCH IV)
7th LEVEL, B-WING, DELHI SECRETARIAT,
I.P. ESTATE, NEW DELHI-110002
No.F.19(11)/2015-S-IV/1751-1756
Dated: 11.06.2019
OFFICE MEMORANDUM
Sub: Relaxation in upper age limit to the contractual employees working under Government of NCT of Delhi at the time of regular appointment on direct recruitment basis
The issue with regard to suitable relaxation in upper age limit to contractual employees, as a onetime measure, in Direct Recruitment has been examined in the light of various judicial pronouncements, DOPT guidelines, the opinion of Additional Solicitor General and in consultation with Finance Department and Law Department of GNCTD.
2. The Competent Authority is pleased to order all Head of Departments to fill-up the posts as per the RECRUITMENT RULES and contractual employees hired against those posts may be given age relaxation as per the following modalities to be adopted on uniform basis for in respect of contractual employees under Government of NCT of Delhi.
I
Contractual employees are entitled to age relaxation under the Delhi Municipal Corporation Act, 1957.
The Central Administrative Tribunal ruled that UPSC could not grant age relaxation for a recruitment process, as no explicit provisions for such concessions existed in the Recruitment Rules.
The main legal point established in the judgment is the entitlement to age relaxation and weightage for experience based on previous judgments and the peculiar facts of the case.
The main legal point established in the judgment is that the entitlement to age relaxation for appearing in recruitment examinations is subject to specific provisions and factual considerations, and ....
The main legal point established in the judgment is that petitioners cannot claim age relaxation based on alleged promises or inaction of the Government, and the court emphasized that the action of t....
The Government has power to grant relaxation in upper age limit on its own motion or upon getting intimation from any genuine or bona fide source can grant such relaxation subject to the condition th....
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