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2024 Supreme(Online)(CAT) 3421
CENTRAL ADMINISTRATIVE TRIBUNAL
Harvinder Kaur Oberoi, Judicial Member, Sumeet Jerath, Administrative Member
Virender Kumar – Appellant
Versus
Govt. of NCT of Delhi – Respondent
O.A No. 2833/2016|M.A No. 2544/2016|M.A No. 2546/2016
For the Appellants/Petitioners: Mr. M. K. Bhardwaj
For the Respondents: Mr. Anuj Kumar Sharma
Age relaxation for departmental candidates limited to same line or allied cadre with nexus to advertised post duties.
Headnote:The applicants, government servants from non-allied cadres (Nursing Orderly and Constable), sought age relaxation under DoPT OMs dated 24.10.1985, 15.10.1987, and 27.03.2012 for Librarian posts in Directorate of Education, claiming eligibility for 5 years relaxation irrespective of cadre. Court examined recruitment rules requiring service in same line or allied cadre where prior experience aids efficient discharge of duties. Respondents rejected applications due to overage status post verification, as prior roles unrelated to Librarian duties. Issues framed: Whether age relaxation applies beyond same/allied cadres; validity of DoPT OMs under Arts. 14 & 16. Ratio: Relaxation conditional on nexus between prior post and advertised role for Group B posts; no such nexus exists for unrelated experience, upholding rational classification for administrative efficiency (paras 4-5). OA dismissed; no interference with rejection or DoPT OMs; no costs.
| Table of Content |
|---|
| 1. applicants seek selection and age relaxation for librarian post. (Para 1 , 2) |
| 2. applicants challenge cadre restriction as arbitrary under arts. 14/16. (Para 3) |
| 3. respondents defend rejection due to non-allied prior service. (Para 4) |
| 4. no nexus in duties; upholds dopt oms and prior ruling. (Para 5 , 6) |
| 5. oa dismissed without costs. (Para 7) |
ORDER (O R A L)
Per Hon’ble Dr. Sumeet Jerath, Member (A) :
M.A No. 2546/2016 :-
The instant M.A filed by the applicants seeking to join together in a single OA stands allowed for the reasons mentioned in the M.A.
O.A No. 2833/2016 :-
The instant OA has been filed by the applicants two in number seeking the following reliefs :-
"8 i) To direct the respondents to declare the applicants as selected candidate and appoint them to the post of Librarian in Directorate of Education with all consequential benefits.
ii) To declare the condition contained in advertisement for giving age relaxation for govt. employees and Departmental Candidates upto 5 years only in the event of holding post in the same line or allied cadre of the advertised post as illegal and arbitrary and direct the respondents to grant age relaxation to govt. servant upto 5 years irrespective of the nature of post held by them.
iii) To quash and set aside the DOP&T OM No. 15012/8/87- Estt. (D) dated 15.10.1987 and OM No. 35014/4/79-Estt. (D) dated 24.10.1985 to the extent it provide for giving age relaxation only to such departmental candidates/ Govt. Servants who are in the same line or allied cadres of the post advertised.
iv) To allow the OA with cost.
v) Any other orders may also be passed as this Hon'ble Tribunal may deem fit and proper in the existing facts and circumstances of the case."
2. The conspectus of the case as per the applicants is that in response to the advertisement issued by the respondents for the post of Librarian, to avail the benefit of age relaxation, both the applicants, applied through proper channel to the said post (Post Code No. 02/13), as they were initially appointed as Nursing Orderly and Constable (Executive) in Delhi Police, since as per the advertisement, five years’ age relaxation was provided for the serving employees. Both the applicants appeared in the written test held on 31.08.2014 and were declared successful after scoring 77 and 119 marks respectively vide result notice dated 03.12.2015. It is pertinent to mention here that both the applicants belonged to OBC and SC category respectively and the cut-off for OBC and SC were 73 and 97.50. On successfully qualifying the written test, they were called for the document verification on 11.12.2015. List of provisionally selected candidates was published after completion of verification process on 14.03.2016. However, to the surprise of the applicants they could not find place in the said list. Moreover, the respondents issued Rejection Notice No. 446 on the same day declaring various candidates as rejected wherein it was mentioned ‘overage’ and no other specific reason was recorded. According to the applicants, as per para 7 of their own advertisement, being in government service the applicants were eligible for five years’ age relaxation. Aggrieved by their rejection, the applicants preferred representations dated 16.03.2016 and 21.03.2016 claiming appointment by seeking age relaxation, but to no avail. Hence they have approached this Tribunal by way of this OA.
3. Learned counsel of the applicants mentioned the following grounds of filing the instant OA :-
“A. Because the respondents failed to consider the whole object of giving age relaxation to the Govt. Servants for appointment to the higher post subject to fulfilling the educational qualification. The Instructions regarding age relaxation for departmental candidates were initially issued way back in the year 1976 and when the object of issuing said OM was not achieved, the DOP&T issued further instructions in 1985 and again in 1987. All the aforesaid instructions were consolidated we
