The age limit for Scheduled Caste candidates is extended by 5 years, and a non-mandatory Transfer Certificate cannot disqualify an appointment.

JUDGMENT

(Judgment of the Court was made by 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 Scheduled Castes or Scheduled Tribes. Therefore, the upper age limit as per the Special Rules for Tamil Nadu Basic Service is 35 years. Admittedly, the respondent was aged above 35 years on the date of her appointment. Therefore, the order impugned came to be passed cancelling her appointment. The writ Court found that proviso to sub-section (8) of Section 20 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 would apply and there would be an extension of another 5 years for the post to which the respondents had been appointed. The first proviso to sub-section (8) of Section 20 reads as follows:-

Provided that, for direct recruitment to a post included in a service for which the minimum qualification required is not higher than the minimum general educational qualification, the age limit prescribed shall be increased by five years in respect of candidates belonging to Scheduled Castes or Scheduled Tribes or in respect of destitute widows of all castes, who do not possess a general educational qualification, which is higher than the minimum general educational qualification;

4. Rule 5(1) of the Special Rules for Tamil Nadu Basic Service, which deals with 'Age' reads as follows:-

(1) Age: Candidates for appointment by direct recruitment to any of the posts other than those in Classes I and II must not have completed 30 years of age on the date of appointment. Explanation:-

For the purpose of the sub-rule, the age limit, in the case of candidate appointed through Employment Exchange, be reckoned from the date of sponsoring of the candidate by the Employment Exchange concerned for appointment to the post.

Provided that a candidate belonging to the Scheduled Caste or the Scheduled Tribe shall be eligible for appointment to the above classes if he has not completed 35 years of age on the date of appointment.

Provided further that the age limit aforesaid shall not apply to the appointment of Ex-servicemen to any category.

*Provided also that the age limit shall not apply to the appointment made to this service from among the employees borne on the contingent establishment in the same department brought into regular establishment on completion of five years of service.

*(Inserted in G.O.Ms.No.677, P&AR (Per.F)Dept., dt.1.7.85)

Provided also that the age-limit shall not apply to appointment by direct recruitment from among Process Servers and Process Amins of the Revenue Department. Provided also that the age-limit aforesaid shall not apply in the case of appointment of any person transferred from a local fund or municipal institution in consequence of the transfer of such institution to the control of the State Government.

^Provided also that the age-limit aforesaid shall not apply in the case of appointment of Widow