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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
| Table of Content |
|---|
| 1. petitioner's service and appointment details. (Para 1) |
| 2. arguments on the validity of the petitioner's appointment. (Para 3 , 4 , 5 , 6 , 8) |
| 3. counterarguments regarding recruitment rules. (Para 10 , 11 , 12 , 13 , 14) |
| 4. court's analysis of legal arguments presented. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 5. writ petition dismissed. (Para 21) |
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 Pane
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....
Contract employees qualify as internal candidates for age relaxation under society staff rules if granted by competent authority; termination without proper inquiry violates natural justice.
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.
Belated minor age shortfall objection invalid after judicially sanctioned appointment list inclusion; statutory relaxation warranted to prevent hardship.
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