Central Administrative Tribunal - Madras
S Arumugam vs Ut Of Puducherry on 25 June, 2025
1 OA 120/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00120/2023
Dated, the 25th day of June, Two Thousand Twenty Five
CORAM :
HON'BLE MR.M.SWAMINATHAN, MEMBER (J)
&
HON'BLE MR.SANGAM NARAIN SRIVASTAVA, MEMBER (A)
1. S. Arumugam,
No.35, Mettu Street, Koodapakkam,
Puducherry.
2. T.Manimaran,
No.65, East Street, Sanarapet, Mettupalayam,
Puducherry. ... Applicants
By Advocate .. M/s.V.Ajayakumar
Vs
1. Union of India,
rep. by the Government of Puducherry
through the Inspector of Police, Police Department,
Puducherry.
2. The Under Secretary to Government
(Home)-cum-Head of Office, Fire Service,
Puducherry.
3. The Superintendent of Police,
Headquarters, Police Department,
Puducherry. ... Respondents
By Advocate ... Mr.R.Syed Mustafa
2 OA 120/2023
ORDER
(Pronounced by Hon'ble Mr.Sangam Narain Srivastava, Member(A)) The applicants have filed the present OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
"To direct the respondents to extend the benefit of age relaxation and to consider the applicants for appointment to the posts of Police Constable/Fireman and consequently to appoint the applicants to any of the post of Police Constable/Fireman as per merit and to pass such other or further orders in the interest of justice and thus render justice."
2. The brief facts of the case as stated by the applicants are as follows:
2.1 The respondents issued a notification dated 04.11.2022 for filling up 58 vacancies of Fireman and notification dated 26.11.2022 for filling up 253 vacancies of Police Constable. Both the applicants belong to MBC and SC category respectively and are fully qualified for the posts of Police Constable/Fireman. The qualification prescribed for the post is a pass in HSC and the maximum age limit fixed is 24 years as on 6.12.2022. It is further provided that there will be a relaxation of 3 years in the case of MBC and 5 years in the case of Scheduled Caste category. Further relaxation of 2 years in the upper age limit is provided for the post of Fireman as per G.O.Ms.No.50 dated 29.7.2022 due to Covid pandemic.
Hence the age limit prescribed for MBC is 29 years and SC is 31 years. 2.2 The date of birth of the first applicant is 12.10.1995 and the first applicant is considered to be over aged by 2 months and 15 days for 3 OA 120/2023 applying for the post of Police Constable and one month and 25 days for applying for the post of Fireman. The only method of submitting application was through on-line and since the relaxation of 2 years in the upper age limit granted in view of G.O.Ms.No.50 dated 29.7.2022 is not uploaded in the computer, the applicant could not upload his applications for both the posts. The date of birth of the second applicant is 2.1.1993, and as per notification the second applicant is entitled to get age relaxation of 24 + 5 (C)+2 Covid benefit which comes to 31 years and hence the second applicant also is well within the prescribed age limit. Since the efforts made by the applicants to submit online applications resulted in failure, they submitted their applications by post along with all the other details and documents as called for by the respondents in the notification. The contention of the applicants is that they are entitled to get the benefit of the extended relaxation of 2 years as per GO Ms.No.50 dated 29.7.2022 along with the relaxation provided for special categories, and if so the applicants are well within the age limit but the applicants are denied of the said benefit orally by the respondents. Being aggrieved the applicant has filed the present OA seeking the afore said relief.
3. This Tribunal, on 10/02/2023, while admitting the OA granted the following interim relief:
"The respondents are directed to accept the manual applications and provisionally permit the applicants to participate in the recruitment process. However, the result of the said selection in respect of the applicants will be kept in sealed cover and the appointment to the post of Police Constable/Fireman 4 OA 120/2023 will be subject to the final outcome of the OA. It is made clear that the participation in the recruitment process will not confer any right on the applicants in respect of appointment."
4. After notice, the respondents have entered appearance through their counsel and filed their reply statement refuting all the averments made in the OA except those which are admitted on facts. 4.1 The Respondents submitted that the Police Department issued notification dated 26.11.2022 including relaxation of the age limit for two years i.e., up to the age of 24 years by maintaining the cut off date as 27.12.2022. Based on the age relaxation and eligibility of the applicants as detailed below:-
Sl. Name of the Caste & Which category of eligible Age as on 27.11.2022 of No. applicant & date category to the post of Police the applicants of Birth Constable 1 S.Arumugam MBC MBC Quota (24+3) = 27 27 years 2 months and 15 1st applicant years days (Over aged) 12.10.1995 2 T.Manimaran SC SC Quota (24+5)= 29 years 29 years 11 months and 2nd applicant 25 days (Over aged) 02.01.1993 4.2 The Respondents further submitted that as per the G.O.Ms.No.98/83-Lab/G/EE, dated 24.08.1983 of Labour Department, Puducherry, the following categories of persons were given age relaxation for the purpose of sponsoring from the Employment Exchange, Pondicherry:-
(a) Over aged candidates upto 35 years in cases where eligible candidates within the age limit are lacking;5 OA 120/2023
(b) Over aged candidates upto 35 years who have been in the Live Register of Employment Exchange for more than 5 years continuously but have not been sponsored even once for any post;
(c) Over aged candidates upto 35 years in respect of teaching /professional/technical posts, if such candidates are having specific experience in the institutions run by the Govt. or recognized by the Government.
However, the benefit of concession of age as stipulated above was not extended to the special categories of candidates viz. Scheduled Caste/Physically Handicapped/Ex-servicemen/Widow and Divorced women beyond the normal period of age concession available to them and the said concession was given only in respect of Civil posts and not uniformed service.
4.3 In compliance with the order of this Tribunal, the applicants were allowed to participate in the PST/PET on 25.03.2023 and they qualified in the PST/PET and also provisionally allowed to participate in the written examination held on 04.06.2023 as ordered by this Tribunal. Further, the applicants results were kept in a sealed cover and the applicants' marks in the written examination are as follows:-
SI. Name of the Date of Community Category Mark -I Mark -II Total No. applicants Birth wise Cut Paper Paper Marks off marks 1 S. Arumugam 12/10/95 MBC 88.5 50 52.5 102.5 2 T. Manimaran 02/01/93 SC 81.25 18.5 33.5 52 6 OA 120/2023 4.4 The respondents further submitted that as the post of Police Constable has been classified as Group "C" post, the Relaxation of two years in the upper age limit prescribed for the post of Police Constable has been provided as a one time measure as per G.O.Ms.No.50, dated 29.07.2022. Further, the Applicants are over-aged and they are not eligible to be considered for the post of Police Constable under Reservation for MBC & SC categories as per the Notification dated 26.11.2022. Hence they prayed for dismissal of the OA.
4. The respondents in support of their contention has relied upon the judgment of the Hon. Supreme Court in the case of Dr.Ami Lal Bhat Vs. State of Rajasthan & Ors (1997) 6 SCC 614.
5. Heard M/s.V.Ajayakumar, learned counsel for the applicant and Mr.R.Syed Mustafa, learned Senior Standing counsel for the respondents, gone through their submissions and perused the material placed on record.
6. We find that an interim order has been passed in this case on 10.02.2023 permitting the applicants to participate in the recruitment process and the appointments were made subject to the final outcome of this OA. It was made clear while allowing such benefit to the applicants that participation in the recruitment process would not confer any right on the applicants in respect of appointment. Out of the two applicants, the second applicant Shri T.Manimaran did not clear the process. The first applicant Shri S.Arumugam (MBC) cleared the examination but was 7 OA 120/2023 not offered appointment being overage. The issue before us now is whether the first applicant is entitled to relaxation in age beyond what was prescribed in the notification.
7. We find that the notification dated 26.11.2022 prescribes age limit of 18 to 24 years as on 27.12.2022. The normal age limit in earlier notification was 18 to 22 years. However, based on an undertaking given to the Hon. High Court in respect of another notification, the age limit in the current notification was increased by two years to 24 years.
The fact that the two years relaxation in the upper age limit was as per GO Ms.50 dated 29.7.2022 was also clearly mentioned in the notification. Relaxation in upper age limit according to the category of candidate was stated in the notification. The first applicant in this OA is a MBC candidate in respect of which category a further relaxation of three years was permissible. Therefore, the upper age limit for the first applicant would be 27 years as on 27.12.2022. The age limit for a MBC candidate as the first applicant would be 27 years. The applicant has claimed that he is entitled to further relaxation in age as per GO Ms. No.98/83-Lab/G/EE dated 24.08.1983 of the Labour Department. The said GO which is the basis for claiming for a relaxation in age by the applicant is reproduced for clarity as under:-
"WHEREAS repeated requests were made to the Government for relaxation from age limit to the candidates registered in the Employment Exchange for sponsoring and subsequent appoints beyond 30 years; and WHEREAS the Government have carefully considered all aspects of this issue and decided to accord relaxation to the candidates registered in the Employment Exchange in genuine cases on the basis of some material 8 OA 120/2023 NOW, THEREFORE, the Lieutenant Governor is pleased to approve that the following categories of persons shall be given age relaxation for the purpose of sponsoring from the Employment Exchange:
(a) Over aged candidates upto 35 years in cases where eligible candidates within the age limit are lacking;
(b) Over aged candidates upto 35 years who have been in the Live Register of Employment Exchange for more than 5 years continuously but have not been sponsored even once for any post;
(c) Over aged candidates upto 35 years in respect of teaching /professional/technical posts, if such candidates are having specific experience in the concerned speciality in the institutions run by the Government or recognized by the Government."
We further observe that the said GO was modified on 28.08.1992 extending the age relaxation to persons falling under other reservation category.
8. It is observed that the said GO has been issued considering candidates who were registered with the Employment Exchange and for sponsoring beyond 30 years of age. For the said GO to be operated, we are of the considered opinion that the applicant should have been registered with the Employment Exchange and he should have been above the age of 30 years. The first applicant who is the only successful candidate at the examination from amongst the two applicants from this OA is also below the age of 30 years. In our considered opinion he cannot claim benefit of GO dated 24.08.1983 modified by 28.08.1992. Another aspect to be considered is that the said relaxations operate only when there are no eligible candidates within the age limit. There are enough number of successful candidates who have qualified on the basis of the examination and for this reason also the benefit of the circular 9 OA 120/2023 cannot be extended to the applicant.
9. We, therefore, hold that the applicants have not made out a case for themselves for grant of age relaxation in recruitment. The OA, being devoid of merit, is dismissed. No order as to costs.
(SANGAM NARAIN SRIVASTAVA) (M.SWAMINATHAN)
MEMBER(A) MEMBER (J)
MT 25.06.2025