Central Administrative Tribunal - Ernakulam
Anrumel P K vs Science And Technology on 23 January, 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No. 180/00016/2025
Friday this the 23rd day of January, 2026.
CORAM:
HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER
HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER
Anrumel P.K, aged 47 years, S/o P.K Krishnan
Pulimoottil House, Ooramana P.O.,
Ernakulam District - 686 663 - Applicant
[By Advocates : Mr. Jijumon H, Ms. Arsha Satheesan]
Versus
1. Union of India, represented by Secretary, Department of Science
and Technology , Technology Bhavan
New Mehrauli Road, New Delhi 110016
2. The Director, Sree Chitra Tirunal Institute for Medical Sciences &
Technology, Trivandrum, Medical College P.O.
Thiruvananthapuram Kerala-695 011
3. Mr. Santhosh Kumar K, Security and Safety Officer
Sree Chitra Tirunal Institute for Medical Sciences & Technology
Trivandrum Medical College P.O. Thiruvananthapuram
Kerala - 695011
4. Sree Chitra Tirunal Institute for Medical Sciences & Technology
Trivandrum, represented by the Director,
Medical College P.O., Thiruvananthapuram,
Kerala - 695 011 - Respondents
(Impleaded vide order dated 27.05.2025)
[By Advocates: Mr. V. Sajith Kumar [R-2 & 4], Mr. G Hariharan, Mr.
Praveen Hariharan, Ms. K.S Smitha, Mr. V.R Sanjeev Kumar [R-3]]
2026.01.23
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O.A No. 180/00016/2025
The Original Application having been heard on 15.01.2026 the
Tribunal on 23.01.2026 delivered the following:
ORDER
Per: Shri Braj Mohan Agrawal, Administrative Member The applicant is an ex-serviceman of Indian Navy. Vide Annexure A1, the Sree Chitra Tirunal Institute for Medical Sciences & Technology (SCTIMST), Trivandrum invited applications for various posts and the applicant applied for the post of Security and Safety Officer - A (Annexure A-1). As per Annexure A1 notification, for the post of Security and Safety Officer, maximum age limit was 40 years and it prescribed that age limit relaxable to "Ex-servicemen" as per Government of India Rules. As per Annexure A2 Rank List, the applicant was at Rank 2 and 3rd respondent was selected as Security and Safety Officer.
2. The applicant contends that the 3rd respondent, Mr. Santhosh Kumar. K in the post of Security and Safety Officer, was an employee of Central Industrial Security Force (CISF) which is a central armed police force under the Ministry of Home Affairs and he cannot claim the age relaxation 2026.01.23 V R Arunkumar 16:01:13 +05'30' 3 O.A No. 180/00016/2025 applicable to the Ex-servicemen.
3. Rule 2 of the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules 1979 defined "ex-serviceman" and "para-military forces"
and CISF comes under para-military forces. It is pertinent to note that Rule 5 of the Ex-servicemen (Re-employment in Central Civil Services and Posts) Amendment Rules 2012 prescribed relaxation of upper age limit only for the "ex-servicemen."
4. The applicant submits that therefore, service of the 3 rd respondent is liable to be terminated and prays for the following reliefs :-
A) To call for the records from the 2nd respondent leading to Annexure A2 Rank List No. P&A.II/486/SSSC /Direct Rect-
3/SCTIMST/2024 of selected candidates for the post of Security and Safety Officer - A dated 13.08.2024 issued by Sree Chitra Tirunal Institute for Medical Sciences & Technology Trivandrum and quash the appointment of 3rd respondent if it is found that he has no right to claim age relaxation available to the ex-servicemen category. B) To declare that the applicant is eligible to be selected in the post of Security and Safety Officer - A from Annexure A2 Rank List Rank List No. P&A.II/486/SSSC/Direct Rect- 3/SCTIMST/2024 of selected candidates for the post of Security and Safety Officer - A dated 13.08.2024 issued by Sree Chitra Tirunal Institute for Medical Sciences & 2026.01.23 V R Arunkumar 16:01:13 +05'30' 4 O.A No. 180/00016/2025 Technology Trivandrum.
5. The 2nd respondent submits that the Recruitment process for the post of Security & Safety officer -A was conducted in accordance with the Institute Rules. The selected candidate fulfills all the eligibility criteria as per the notifications. As per Annexure A2 rank list, Shri Santhosh Kumar. K has been ranked first and the Applicant was as WL-1 (waiting list 1). Therefore, the candidate who secured first rank was considered for selection on merit basis The Rules governing the service conditions of Govt employees and the employees of the Institute are not the same always. As per the SCTIMST Act, the governing body of the Institute is empowered to make Recruitment Rules/Service conditions applicable to employees of the Institute. It may also be noted that the Institute is empowered to frame its own Rules for the employees and the Hon'ble High Court of Kerala has also emphasized it in its judgment in WP(C) 8891/2009 and WP (C) 17370/2010 dated 21.03.2013 by ordering that Institute has its own powers to adopt 2026.01.23 V R Arunkumar 16:01:13 +05'30' 5 O.A No. 180/00016/2025 the prescription made by the Central Government with riders in its discretion.
6. The respondents submit that as per Office Memorandum No. 27011/100/2012-R&W, dated 23.11.2012 (Annexure R2(b) from Ministry of Home Affairs, the Government of India has approved the proposal to declare retired Central Armed Force (BSF), Central Industrial Security Force (CISF), Indo Tibetans Border Police (ITBP) and Sashastra Seema Bal (SSB) as "Ex-Central Armed Force Personnel" (Ex-CAPF Personnel) and in view of Government of India orders extending parity for the candidates from Para military force with Ex-service men, the selected candidate is also eligible to be considered for the post of Security & Safety Officer- A with eligible relaxations as applicable.
7. The party respondent (R3) submits that he was a CSIF Officer in the rank of Sub Inspector/Executive who joined Central Industrial Security Force (CISF) on 01.08.1999. After completing over 24 years of service he took Voluntary Retirement Service (VRS) on 12.02.2024. He applied for the 2026.01.23 V R Arunkumar 16:01:13 +05'30' 6 O.A No. 180/00016/2025 posts of Security & Safety Officers against notification dated 15.03.2024 (Annexure R3(b)/ Annexure A1). He applied for the said post with age relaxation which is applicable to the Ex-Servicemen to Ex-Central Armed Police Force (Ex-CAPF) personnel as per order dated 23.11.2012 (Annexure R3 (c) / Annexure R2(b). After the interview as per Annexure R3 (f), he was ranked No. 1 (Annexure R3 (g) / Annexure A2). Accordingly, he was issued an offer of appointment (Annexure R3 (h) and he joined the service on 22.08.2024 (Annexure R3(i).
8. The reason for appointing the 3rd respondent to the post of Securtiy and Safety Officer-A has been duly explained by the 2 nd respondent granting him age relaxation in terms of O.M dated 23.11.2012 (Annexure R2(b).
9. The applicant in his rejoinder dated 23.05.2025 has highlighted an RTI reply No. 27011/51/2014-R&W (Annexure A20) issued by Government of India, Ministry of Home Affairs, Police-II Division [Resettlement and Welfare Directorate] dated 05.06.2014, it was informed that CAPF 2026.01.23 V R Arunkumar 16:01:13 +05'30' 7 O.A No. 180/00016/2025 personnel retire only on attaining the age of 57/60 years, so no further employment at par with ex-servicemen is required for Ex-CAPF personnel.
10. The applicant further contends that as per "Grant of Relaxation of Upper Age Limit to various categories for Direct Recruitment to Central Civil Services/Posts" issued by Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) as on 06.09.2022, there is no age relaxation applicable to the Ex-Central Armed Police Force personnel (Ex-CAPF personnel).
11. The applicant in his rejoinder dated 24.11.2025 has submitted two relevant judgments of Hon'ble Delhi High Court in Mohan Lal Besarwadiya v. RBI [2025 SCC Online Del 5197 (Annexure A23) decided on 29.07.2025 and Hon'ble High Court of Telangana in Vangala Vishnu Priya v. State of Telangana [2025 SCC Online TS 187] (Annexure A24), decided on 10.03.2025.
12. The applicant further submits that the legal right of Ex-Servicemen 2026.01.23 V R Arunkumar 16:01:13 +05'30' 8 O.A No. 180/00016/2025 for age relaxation flows from Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules, 1979. It is pertinent to note that Government of India has not promulgated any legislative enactments or rules for the. grant of such benefits to ex-CAPF personnel,
(i) Annexure A15 describes various categories, for which age relaxation is allowed, in which clause 8 is Ex-servicemen and that Ex- CAPF personnel is not mentioned in any of the clauses in Annexure A15.
(ii) In Annexure A20, Government of India clarified that CAPF personnel retire only on attaining the age of 57/60 years, no further employment at par with ex-servicemen is required for Ex-CAPF personnel.
(iii) In Annexure A21, it is clarified that the status of Ex-CAPF is quite distinct from Ex-Servicemen of Defence Forces.
13. Hon'ble Delhi High Court in Mohan Lal Besarwadiya vs. RBI [2025 SCC OnLine Del 5197] in its order dated 29.07.2025 held that -:
"6. I do not find any legal right flowing from the designation of "Ex-CAPF personnel", as submitted by Mr. Mohanty. The Government of India has also not promulgated any legislative enactments or rules for the grant of such benefits to ex-CAPF personnel, unlike the Ex-servicemen (Re- employment in Central Civil Services and Posts) Rules, 1979, which mandate reservation for ex-servicemen, as defined therein. No such right can therefore flow from the Office 2026.01.23 V R Arunkumar 16:01:13 +05'30' 9 O.A No. 180/00016/2025 Memorandum, so as to vest the petitioners with a legally enforceable claim, or to render the classification employed by the respondent arbitrary or unreasonable."
14. Division Bench of Hon'ble High Court of Telangana in Vangala Vishnu Priya vs. State of Telangana [2025 SCC OnLine TS 187] in its order dated 18.03.2025 analyzed R2(b) OM dated 23.11.2012 and a recent order dated 25.02.2025 and held that :-
"39. A conjoint reading of the aforesaid O.M. and recent order of Government in F. No. 13/(4)/Court/2024/D (Res- II), dated 25.02.2025, shows that these are administrative orders/executive instructions. The legislative competence for issuing the Rules is not called in question. No administrative orders/executive instructions can be said to be binding de hors the Rules.
Thus, we are unable to persuade ourselves with the line of argument of the learned Senior Counsel for the petitioners that in O.M. dated 23.11.2012 directions issued are in mandatory terms to provide reservation to ex-CAPF Personnel wards."
15. In their additional reply statement, respondent No. 2 has submitted that in view of the Annexure A-21 reply of Hon'ble Minister of State in the Ministry of Home Affairs on the floor of Loksabha to question No. 1155 and the Institute being an autonomous institution under the administrative 2026.01.23 V R Arunkumar 16:01:13 +05'30' 10 O.A No. 180/00016/2025 control of DST, Government of India has authority to grant age relaxation strictly in accordance with the Rules and Regulations issued by Government of India.
16. However, no resolution by the institute to the effect of granting age relaxation to ex-CAPF personnel or amendment to the rules issued prior to the date of notification have been produced by Respondent No. 2 before the bench. Therefore, this contention of the Respondent No. 2 is not acceptable.
17. The respondent No. 3 cited a judgment of Hon'ble High court of Madras 2021 SCC Online Mad 16106 in W.P No. 24972 of 2021 dated 23.11.2021 and one judgment of this Tribunal, 2016 SCC Online CAT 568 in Original Application No. 1119/2013 dated 03.02.2016, we find that facts are different in those cases and are not relevant to this case.
(a) In the judgment of the CAT dated 03.02.2016 in paragraph 3, it has been noted as under :
"...Employment Notification says that the applications are invited from Ex-Servicemen also from other persons 2026.01.23 V R Arunkumar 16:01:13 +05'30' 11 O.A No. 180/00016/2025 declared eligible by Ministry of Home Affairs, the persons mentioned in Annexure A-4 cannot be excluded".
Here the notification itself made provision for other persons besides Ex-servicemen.
(b) In the judgment of High Court of Madras dated 23.11.2021, it has been noted at paragraph 8 as under :
"8. A careful perusal of the office memo, dated 23.11.2012 issued by the Ministry of Home Affairs of Union of India, would show in clear and categorical terms, that the petitioner, who is the daughter of a person who served in BSF, is entitled to be considered under the Ex Servicemen category, more particularly, when the G.O.Ms. No. 198. Higher Education (J1) Department, dated 30.05.2003 relied upon by the Anna University does not define as to which categories of persons alone will fall under the Ex-Servicemen category. If a person served on the border of this Country is not entitled to be treated under the category of Ex-servicemen, it is nothing but an utter disrespect shown to such great service rendered by such person. The stand of the University on this aspect is very unfortunate, hypertechncial and cannot be appreciated even for the sake of argument. Therefore, I find every justification in allowing this writ petition."
Here in this case, G.O No. 198 of Higher Education Department dated 2026.01.23 V R Arunkumar 16:01:13 +05'30' 12 O.A No. 180/00016/2025 30.05.2003 did not define as to which category of persons alone will fall under Ex-servicemen category. In the instant O.A, the notification (Annexure A1) specifically limited age relaxation to Ex-servicemen as per GOI rule. Therefore, the above cited judgments by respondent No. 3 are not applicable to the instant case.
18. Considering the above facts of non-adoption of O.M dated 23.11.2022 (Annexure-R3 (c) by SCTIMST through a resolution or amendment in Recruitment Rules and judicial pronouncement as mentioned at paragraph 13 and paragraph 14 (Hon'ble Delhi High Court in Mohan Lal Besarwadiya vs. RBI [2025 SCC OnLine Del 5197] decided on 29.07.2025 and Division Bench of Hon'ble High Court of Telangana in Vangala Vishnu Priya vs. State of Telangana [2025 SCC OnLine TS 187] decided on 18.03.2025), we find that grant of age related relaxation to respondent No. 3 by respondent No. 2 is violative of extent Rules and is not in conformity with the terms and conditions of the notification. Therefore, Annexure A-2 is liable to be set aside to the extent it places Mr. Santhosh Kumar.K at Rank 1 (Annexure A-2). The Original Application is 2026.01.23 V R Arunkumar 16:01:13 +05'30' 13 O.A No. 180/00016/2025 allowed and appointment of the 3rd respondent is set aside. Respondent No. 2 is directed to consider the candidature of the applicant in terms of Annexure A1 notification within a period of 60 days from the date of receipt of the copy of this order. No costs.
(Dated the 23rd January 2026.)
BRAJ MOHAN AGRAWAL JUSTICE K. HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
skm
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O.A No. 180/00016/2025
Annexures OA./180/00016/2025
Annexure A1 - True copy the notification of Advt. No.P&A.II/09/SSSC/SCTIMST/2024 dated 15.03.2024 issued by Sree Chitra Tirunal Institute for Medical Sciences & Technology Trivandrum. Annexure A2 - True copy of the Rank List No. P&A.II/486/SSSC /Direct Rect-3/SCTIMST/2024 of selected candidates for the post of Security and Safety Officer- A dated 13.08.2024 issued by Sree Chitra Tirunal Institute for Medical Sciences & Technology Trivandrum. Annexure A3 - True copy of the RTI reply No. CPIO/103/SCTMS/R/E/24/00072 dated 20.09.2024 issued by Central Public Information Officer, SCTIMST.
Annexure A4- True copy of the RTI appeal no. SCTMS/A/E/24/00019 filed by the applicant.
Annexure A5- True copy of the order passed by the Appellate Authority in RTI appeal no. SCTMS/A/E/24/00019 dated 12.12.2024. Annexure A6 True copy of the Second Appeal filed by the applicant before the Central Information Commission dated 25.11.2024. Annexure A7- True copy of the email sent by Central Information Commission dated 28.11.2024 with subject line of "Online appeal application submitted."
Annexure A8 True copy of the RTI reply no.
CPIO/131/SCTMS/R/E/24/00091 dated 11.12.2024 issued by the Central Information Officer SCTIMST.
Annexure A9 - True copy of the email dated 16.08.2024 submitted by the applicant before the 2nd respondent.
2026.01.23 V R Arunkumar 16:01:13 +05'30' 15 O.A No. 180/00016/2025 Annexure A10 - True copy of the representation dated 09.09.2024 submitted by the applicant before the 2nd respondent. Annexure A11- True copy of the representation dated 09.10.2024 submitted by the applicant before the 1st respondent. Annexure A12 True copy of the email from Central Vigilance Commission dated 02.12.2024 with subject line "Complaint:
80715/2024".
Annexure A13 True copy of the Notification No. 36034/1/2006-Estt. (Res) dated 04.10.2012 issued by Ministry of Personnel Public Grievances and Pensioners.
Annexure A14 True copy of the Notification No. 36034/1/2019-Estt. (Res) dated 13.02.2020 issued by Ministry of Personnel Public Grievances and Pensioners.
Annexure A15- True copy of the Office Memorandum No.DOPT- 1667569393892 dated 06.09.2022 issued by Ministry of Personnel, Public Grievances & Pensions.
Annexure A16 True copy of the judgment of Hon'ble Madras High Court in M.Arul vs. The Government Of India and Ors [WP 11459 of 2014] dated 13.06.2022.
Annexure A17 True copy of the judgment of Hon'ble Supreme Court in State of Odisha and Ors vs. Sulekh Chandra Pradhan and Ors (Civil Appeal Nos. 3036-64 of 2022] dated 20.04.2022. Annexure A18 True copy of the judgment of Hon'ble Supreme Court in Chief Regional Officer, Oriental Insurance Company Limited vs. Pradip and Anr [Civil Appeal No. 742 of 2020] decided on 27.01.2020.
2026.01.23 V R Arunkumar 16:01:13 +05'30' 16 O.A No. 180/00016/2025 Annexure A19- True copy of the judgment of Hon'ble Supreme Court in K.G. Ashok and Ors vs. Kerala Public Service Commission and Ors [Civil Appeals Nos. 3569-80 of 2001] decided on 03.05.2001. Annexure A20: True copy of the RTI reply No. 27011/51/2014-R&W issued by Government of India, Ministry of Home Affairs, Police-II Division [Resettlement and Welfare Directorate] dated 05.06.2014. Annexure A21: True copy of the unstarred question No. 1155 answered on 05.03.2013 by Hon'ble Minister of Home Affairs. Annexure A22: True copy of the Grant of Relaxation of Upper Age Limit to various categories for Direct Recruitment to Central Civil Services/Posts issued by Government of India, Ministry of Personnel, Public Grievances & Pensions (Department of Personnel & Training) as on 06.09.2022 Annexure A23: True copy of the judgment of Hon'ble Delhi High Court in Mohan Lal Besarwadiya vs. RBI [2025 SCC OnLine Del 5197] decided on 29.07.2025.
Annexure A24: True copy of the judgment of Hon'ble High Court of Telangana in Vangala Vishnu Priya vs. State of Telangana [2025 SCC OnLine TS 187] decided on 18.03.2025.
Annexure R2(a): A true copy of the OM No. 39016/15/79-Esst (C) dated 07.09.1981 issued by the Ministry of Personnel and Administrative Reforms Annexure R2(b): A true copy of the Memorandum No. 27011/100/2012-R&W, dated 23.11.2012 by the Ministry of Home Affairs, Government of India Annexure R2(c): A true copy of the letter No.P&A.II/486/SSSC/SCTIMST/2024 dated 01.10.2024 issued by the 2 nd 2026.01.23 V R Arunkumar 16:01:13 +05'30' 17 O.A No. 180/00016/2025 Respondent Annexure R3(a): True copy of the Discharge Certificate No.4390 dated 20.02.2024 of the 3rd respondent.
Annexure R3(b): True copy of the Notification Advt.No. P &A.II/09/SSSC/SCTIMST/2024 dated 15.03.24. Annexure R3(c): True copy of the OM No.27011/100/2012-R&W dated 23.11.2012.
Annexure R3(d): True copy of the on application summary of the 3 rd respondent Reg. No.0323100017 dated 22.03.24. Annexure R3(e): True copy of the application submitted by the 3 rd respondent Reg. No.0323100017.
Annexure R3(f): True copy of the admit card or the 3rd respondent with file No.P&A/II/486/SCTIMST/SSSC/2024. Annexure R3(g): True copy of the rank list No.P&A.II 486/SSSC/Direct Rect-3/SCTIMST/2024 dated 13.08.2024.
Annexure R3(h): True copy of the offer of appointment order No.P&A.II/486/SSSC/SCTIMST/2024 dated 13.08.2024. Annexure R3(i): True copy of the placement order No.P&A.II/PF 2726/1/SCTIMST/2024 dated 05.09.2024.
Annexure-R3(j) : True copy of the Order as C.O.(K)60/2021 L.S.G.D Thiruvananthapuram dated 20.02.2021 granting relaxation from the payment of property tax and other benefits to Central Reserve Police Forces (CRPF), Border Security Force (BSF), Central Industrial Security Force (CISF), Indo-Tibetan Border Police (ITBP) and Sashastra Seema Bal (SSB) as "Ex- Central Armed Police Force Personnel" (Ex-CAPF personnel) 2026.01.23 V R Arunkumar 16:01:13 +05'30' 18 O.A No. 180/00016/2025 along with its English Translation Annexure-R3(k) : True copy of the Order as C.O.(K)140/2023/L.S.G.D Thiruvananthapuram dated 07.07.2023 granting relaxation from the payment of property tax and other benefits to Central Reserve Police Forces (CRPF), Border Security Force (BSF), Central Industrial Security Force (CISF), Indo-Tibetan Border Police (ITBP) and Sashastra Seema Bal (SSB) as "Ex- Central Armed Police Force Personnel" (Ex-CAPF personnel) along with its English Translation ******* 2026.01.23 V R Arunkumar 16:01:13 +05'30'