CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA No. 310/000185 of 2024 and C.P. 92 of 2025 in OA No. 310/000185 of 2024 & MA No.214 & 242 of 2025 DATED TUESDAY, THE 9^th DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE CORAM :

HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)

HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)

1. D. Lakshmi Prabha, W/o. G. Arun Kumar

41, Lawspet Main Road, Ezhil Nagar, Puducherry 605003;

2. S. Swapna, W/o. V. Velmurugan

37, Mettu Street, Chinna Kalapet, Puducherry-605014; 3. M. Malarvizhi, W/o. P. Balamurugan

12, Vinayagar Koil Street, V. Manaveli, Puducherry-605110. .........Applicants (Advocate: M/s. Anna Mathew)

-Versus-

1. Union of India, Rep. by Union Territory of Puducherry, thro' its Chief Secretary, Puducherry-605 001;

2. The Secretary to the Lieutenant Governor, Rajbhavan, No.4, St Martin Street, White Town, Puducherry-605001;

3. The Director of School Education, Government of Puducherry, Directorate of Education, Perunthalaivar Kamarajar Centenary Educational Complex, 100 Feet Road, Anna Nagar, Puducherry-605 005. .....Respondents.

(Advocate: Mr. R. Syed Mustafa)

O R D E R

(Hon'ble Ms. Veena Kothavale, Member(J)

The applicants' case in this O.A. is that pursuant to the notification dated

30/10/2018 and 05.07.2019, they were appointed in the post of Trained Graduate Teacher on contract basis. The first applicant belongs to OBC category and the second and the third applicants belong to MBC category. They are now working in Government Schools in Karaikal as Trained Graduate Teachers which is a Group 'B' post. To this day, they are continuing to work as Trained Graduate Teachers and have gained experience of around five years.

2. Since 2011, vacancies were filled only by means of promotion and no direct recruitment was conducted though recruitment rules provided for 40% by direct recruitment. The direct recruitment vacancies were filled by engaging Trained Graduate Teachers on contract basis only. The contract teachers engaged earlier in 2011 in Samagra Shiksha UT Mission Authority were absorbed and regularized and those engaged pursuant to notification dated 04/02/2015 were also absorbed later. Thereafter, fresh recruitments on contract basis were initiated vide notification dated 30/10/2018 which was cancelled as the domicile criteria contained therein had been challenged in court and later a modified notification was issued on 05/07/2019 under which the applicants have been appointed on contract basis.

3. The third respondent has issued notification dated 22/01/2024 for direct recruitment inviting applications to the post of Trained Graduate Teachers on the regular basis. The age limit prescribed in the said notification was between 18 and 30 years as on 22/02/2024. By that time, applicants had all become over aged and were not eligible to apply under the said notification. The last date for submitting online application was 22.02.2024 and for submitting filled in application was 29.02.2024.

4. Therefore, applicants were constrained to file this O.A. for seeking a direction to the respondents to absorb them as Trained Graduate Teachers against the existing vacancies under direct recruitment quota with regular pay scale and all consequential benefits, and to set aside the direct recruitment notification dated 22.01.2024 in so far as it does not provide service weightage to applicants who are in-service candidates, and also does not provide one-time age relaxation as was granted to Group-C category posts vide GO.Ms.No. 50 dated 29.07.2022, and consequently, direct the respondents to consider and appoint the applicants as Trained Graduate Teachers with age relaxation and due service weightage.

5. Heard Ms. Anna Mathew, Ld. counsel for the applicants and Mr. R. Syed Mustafa, Ld. Counsel for the respondents.

6. The learned counsel for the applicants argued that there is no legitimacy in the action of respondents in making contractual appointments through the advertisement dated 30/10/2018 and 05/07/2019 and in designating the appo