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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
H.Santhila Premkumar – Appellant
Versus
Registrar, Central Administrative Tribunal – Respondent
ORDER :
K.KUMARESH BABU., J.
This writ petition has been filed by petitioner challenging the order of the Tribunal made in O.A.No.310/000723 of 2019 dated 11.02.2022 and for a consequential direction to the second and third respondents to take into account the 8 years of service of the petitioner in second respondent institution and regularize her services in the post of Research Assistant (Group C post) by relaxing the age as per the Recruitment Rules for the Post of Research Assistant based on the Office Memorandums with effect from the date of her initial appointment as Research Assistant and to grant her all consequential service, attendant and monetary benefits
2. Heard Mr.R.Viduthalai, learned Senior Counsel appearing on behalf of Ms.A.V.Bharathi, learned counsel for the petitioner and Mr.T.V.Krishnamachari, learned Senior Panel Counsel appearing on behalf of the second and third respondents.
3. Mr.R.Viduthalai, learned Senior Counsel appearing on behalf of the petitioner would submit that the petitioner pursuant to the advertisement issued by the third respondent in the year 1996 had joined the third respondent Institute at Coonoor as a Lab Technician which was followed by Junio
Employment cannot be claimed as legal if the appointment violated established recruitment age criteria, regardless of prior service or the rules governing age relaxations.
The central legal point established in the judgment is the entitlement of the petitioner to age relaxation similar to other candidates, as supported by the Constitution of India, Article 226, and rel....
Right of the petitioners to claim age relaxation as they were within age and had applied for recruitment pursuant to the earlier advertisement which got cancelled.
Recruitment Rules prevail over advertisement in determining eligibility criteria for appointment.
Eligibility criteria in recruitment must be strictly followed; participation in the selection process does not confer right to appointment or age relaxation without statutory support.
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