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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBRAMANIAN, G.ARUL MURUGAN, JJ
Secretary to Government, Adi Dravidar and Tribal Welfare Department, Chennai – Appellant
Versus
S. Meena – Respondent
JUDGMENT :
R. SUBRAMANIAN, J.
The State is on appeal against the orders of the writ Court quashing the cancellation of appointment of the respondent in the Writ Appeal, on the ground that the respondent was over aged on the date of appointment and on the ground that the respondent has produced a false Transfer Certificate.
2. The respondent was appointed as Cook in the hostels attached to the Adi-dravidar and Tribal Welfare Department. The appointment order was issued on 26.02.2021. The orders impugned in the Writ Petitions came to be passed on 19.04.2023. The writ Court had found that the respondents were not over aged, on a reading of Rule 5 of the Special Rules for Tamil Nadu Basic Service read with Section 20(8) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016.
3. It is not in dispute that the post to which the respondent was appointed are covered by the Special Rules for Tamil Nadu Basic Service. For the post of 'Cook' the educational qualification is that a person should be able to read and write Tamil. Rule 5(1) prescribes an age-limit of 30 years on the date of appointment. Proviso to Rule 5(1) grants an additional 5 years to candidates who belong to Sche
The age limit for appointment can be extended for Scheduled Caste candidates, and the production of a Transfer Certificate is not a mandatory requirement for eligibility.
The age limit for appointment can be extended for Scheduled Caste candidates, allowing eligibility despite being over the standard age limit.
Age limit for appointment can be relaxed for Scheduled Caste candidates, allowing for a maximum age of 40 years, thus quashing the cancellation of appointment.
Irregular appointments without fraud may be permitted to continue under sympathetic circumstances, despite age limit breaches in eligibility. Appointments declared void-ab-initio in accord with U.P. ....
The court ruled that appointments exceeding statutory age limits are void, yet if no fraud occurs, longstanding service may warrant equitable relief despite technical violations.
The age criteria for promotion must be determined based on the year of selection, not the year of appointment, ensuring fairness in the promotion process.
The TET qualification acquired prior to the recruitment process met the eligibility criteria, and the corrigendum clarified the age relaxation, warranting the consideration of the petitioner's appoin....
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