Central Administrative Tribunal - Delhi
Mrs. Raj Bala vs Govt. Of Nct Of Delhi on 20 January, 2015
Central Administrative Tribunal Principal Bench, New Delhi O.A. No.264/2015 Tuesday, this the 20th day of January, 2015 Honble Mr. A.K. Bhardwaj, Member (J) Honble Mr. V. N. Gaur, Member(A)
1. Mrs. Raj Bala, Age 37 years W/o Sandeep Thakran R/o H No.-352, V & P. O. Nangal Thakran Delhi-110039.
2. Mrs. Kavita Solanki, Age 34 years W/o Virender Solanki R/o H No. 289, Pooth Kalan Delhi-110041.
3. Mrs. Sunita Sharma, Age 33 years W/o Dharmender H. No.-1368, Near Chhota Shiv Mandir Alipur, Delhi-110036.
Applicants (By Advocate: Shri Amit Verma and Ms. Aishwarya Bhati) Versus
1. Govt. of NCT of Delhi Through its Secretary Department of Education Ch Mahander Singh Marg, B-Block Yamuna Vihar, New Delhi-110053
2. The Secretary Delhi Subordinate Services Selection Board FC-18, Institutional Area, Karkardooma (Near Railway Reservation Center) Delhi-110092 ... Respondents Order (Oral) Shri A.K. Bhardwaj, M(J) Learned counsel for the applicants has submitted that the applicants herein, namely, Mrs. Raj Bala, Mrs. Kavita Solanki and Mrs. Sunita Sharma are 37, 34 and 33 years old respectively and in terms of the view taken by the Honble High Court of Delhi in Asha v. Govt. Of NCT of Delhi & Ors. judgment dated 22nd August, 2014 passed in WP(C) 1035/2014, they are eligible for the post of Physical Education Teacher till attaining the age of 40 years.
2. Heard. Issue notice to the respondents.
3. Shri N K Singh proxy counsel for standing counsel for Govt. of NCT of Delhi is directed to accept notice.
4. With the consent of counsel for the parties, OA is taken up for disposal at admission stage itself.
5. Govt. Of NCT of Delhi through DSSSB published an advertisement No.1/13 inviting applications for the aforementioned post vide post code No.210/14 on 12.12.2014. The closing date for submitting the applications is 25.01.2015. The applications of the applicants are not accepted on the ground of being over age.
6. In terms of Section 20 of AT Act, 1985, before approaching the Tribunal, an individual needs to exhaust all the remedies available to him before the authorities in the organisation. Nevertheless, in the present case the applicants have not complied with the said provision because there is urgency in the matter as the closing date for submission of the applications is 25.01.2015.
7. In the circumstances, we entertain the OA only to the limited extent that on a representation being made by the applicants within two days, the respondents would take a final decision in the same before the written examination for the post is held. In the meantime, they would accept the applications of the applicants (manually or online).
8. OA is disposed of accordingly. No costs.
Order dasti.
(V.N. Gaur) ( A.K. Bhardwaj ) Member(A) Member (J) /vb/