Central Administrative Tribunal - Kolkata
Yasmin Parveen vs Education on 21 February, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
(Circuit At Port Blair)
No.O.A.351/1525/2023 Date of hearing : 11.02.2025
Date of order : 21.02.2025
Present :Hon'ble Mrs. UrmitaDattaSen, Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Smti. Yasmin Parveen, Daughter of Abdul Salam,Aged about 35 years,
Working as Guest Faculty under the Tagore Government College
of Education, Port Blair, Resident of Prem Nagar Kali Mandir, Port Blair,
South Andaman-744101
...........Applicant
- VERSUS -
1. Union of India, Service through the Secretary, Govt. of India, Ministry of
Home Affairs, North Block, New Delhi-110001
2. Union of India, Service through the Secretary, Ministry of Education
Govt. of India, Shastri Bhawan, New Delhi-110001
3. The Lieutenant Governor, Andaman and Nicobar Islands, Raj Niwas,
Port Blair - 744101
4. The Chief Secretary,Andaman and Nicobar Administration, Secretariat,
Port Blair - 744101
5. The Secretary (Education),Andaman and Nicobar Administration,
Secretariat, Port Blair - 744101;
6. The Director of Education, Andaman and Nicobar Administration, Port
Blair-744101.
..........Respondents
For the applicant : Mr. Gopala Binu Kumar, counsel
Ms. V. Devi, counsel
For the respondents : Mr. R. Kumar, counsel
Digitally signed by SOMA BANDYOPADHYAY
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1,
SOMA Phone=248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d,
PostalCode=700114, S=West Bengal, SERIALNUMBER=
f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA
BANDYOPADHYAY
BANDYOPADHYAY
Reason: I am the author of this document
Location:
Date: 2025.02.24 14:04:54+05'30'
Foxit PDF Reader Version: 2024.3.0
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ORDER
Urmita Datta (Sen) , Judicial Member The instant original application has been filed under Section 19 of Administrative Tribunals Act, 1985 praying for the following reliefs :-
"A) (i) An order be passed to delete the name of the applicant in provisional ineligible list dated 06.07.2023 and the final ineligible list dated 22.07.2023 issued by the respondent No.6 to the post of Post Graduate Teacher(History) and all subsequent order/orders issued on the basis of the said list/lists;
(ii) An order be passed directing the respondent authorities, more particularly the respondent No.6 to accord necessary age relaxation to the applicant in terms of the circular dated 19.09.2011 issued by the Andaman & Nicobar Administration for consideration of the case of the applicant to the post of Post Graduate Teacher (History)(OBC Candidate) in terms of the Vacancy Notice dated 10.05.2023 by including the name of the applicant in the eligible list;
(iii) An order be passed directing the respondent authorities, more particularly the respondent No.6 to accord 0.2 marks for experience for every completed month of service to the applicant in terms of the vacancy notice dated 10.05.2023;
B) An order be passed directing the respondent authorities to transmit the original records of the case before this Hon'ble Court, so that after perusing the same conscionable justice may be rendered to the applicant;
C) Any other relief or reliefs, order or orders, direction or directions as your Honour deem fit and proper."
2. Facts of the case in a nutshell as submitted by the Learned Counsel for the applicant are as under:-
(a) Pursuant to a vacancy notice published by Tagore Government College of Education, Andaman and Nicobar Administration, Port Blair in the year 2019, the applicant being an OBC candidate, applied for the post of Guest Faculty in History. Subsequently vide Order No. 196 dated
03.09.2019, the applicant was empanelled as Guest Faculty in History under the Tagore Government College of Education ,Port Blair to manage the Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, SOMA Phone=248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.02.24 14:04:54+05'30' Foxit PDF Reader Version: 2024.3.0 3 studies of undergraduate education and B.Ed. trainees' classes of the said college as and when required basis during the academic session 2019-2020 for two months from 01.09.2019 to 31.10.2019 for which she was paid honorarium of 1000/- per lecture with a ceiling of Rs. 25,000/-per month. Though in the said order, it was mentioned that the applicant would manage the studies of under graduate education and B.Ed. of the said college as and when required basis, she was given the duty of teaching the students of B.A. B.Ed. first year and B.A. B.Ed. second year. She was also given the responsibility to teach under graduate students during their semesters as and when required. Thus, the applicant discharged her duties 8 hours a day in all working days as Guest Lecturer in the Tagore Government College of Education, Port Blair, which is part and parcel of the Andaman & Nicobar Administration and as such the duties and responsibilities discharged by the applicant was perennial in nature and the establishment is also permanent.
(b) After completion of sessions, every successive year, vacancy notice for the post of Guest Faculty in History was issued by the said college. The applicant also participated in the selection process for the said post and on being selected,her tenure as Guest Faculty (History) was extended from time to time and she had been discharging her duties in Tagore Government College of Education, Port Blair continuously w.e.f.01.09.2019 with subsequent extensions from time to time..
(c) The Principal of Tagore Government College of Education, Port Blair issued certificates in favour of the applicant dated 14.03.2023 and 29.05.2023 respectively, whereby she was empanelled as a Guest Lecturer of History to teach ITEP students and B.A.B.Ed. students of the said college for different periods with effect from 01.09.2019 to the date of issue of those certificates(Annexure A/3).
Digitally signed by SOMA BANDYOPADHYAY
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, SOMA Phone=248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.02.24 14:04:54+05'30' Foxit PDF Reader Version: 2024.3.0 4
(d) On 10.05.2023, a paper publication was made by the Respondent No.6, whereby posts of Post Graduate Teacher was published including four posts of Post Graduate Teacher, History (Hindi/English)[General-2, OBC-1 and EWS-1. The Andaman & Nicobar Administration, as per direction of the competent authority issued a Circular dated 19.09.2011 pertaining to relaxation of upper age limit in respect of daily rated mazdoors, ad hoc employees and contract employee including those who were appointed as Sarvashiksha Contract Teachers, subject to the condition that at the time of inception in service, the incumbent was within the age limit and qualified to be inducted in any government service as a OBC candidate. In terms of the said Circular, in case of such daily rated mazdoors, ad hoc employees and contract employees, the total period spent in each of the department of the administration, was decided to be counted irrespective of their departments where they were applying for regular appointment, provided that the posts were general in nature and did not require any specific technical qualification.
(e) Subsequently, the Andaman and Nicobar Administration issued a Circular dated 20.10.2022 wherein it was mentioned that by taking into consideration that the direct recruitment which was proposed to be conducted by various departments under the Andaman & Nicobar Administration, could not be conducted due to the pandemic of Covid-19 and in the meanwhile, many aspiring candidates have become overaged, the Respondent. No. 3, i.e. the |Lt. Governor or A&N Administration had been pleased to relax the upper age limit by two years as a one time measure for direct recruitment. On 31.05.2023, the applicant submitted her application and at that time, she was aged about 35 years, 5 months and 23 days. In terms of age relaxation of two years accorded vide Circular dated Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, SOMA Phone=248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.02.24 14:04:54+05'30' Foxit PDF Reader Version: 2024.3.0 5 20.10.2022, the applicant got two years of age relaxation, thereby she was overaged by 5 months and 23 days.
(f) As per the applicant, since she belongs to OBC and got age relaxation by virtue of the Circulars dated 19.09.2011 and 20.10.2022, whereby the Andaman & Nicobar Administration had accorded age relaxation, she was eligible to participate in the aforesaid selection process initiated as per Vacancy Notice dated 10.05.2023. After the applicant submitted her application, on 06.07.2023, a provisional statement of marks with remarks in response to vacancy Notice dated 10.05.2023 was issued by the Respondent No. 6, wherein name of the applicant appeared at Srl. No.6 of ineligible candidates and remark against her name was "Overaged".
(g) As per the said advertisement, maximum marks for teaching experience was fixed as 10 and for the purpose of arriving at 0.2 marks per month, the service rendered in different organizations for full time basis was to be allotted. But the Respondent No.6 only by taking into account the nomenclature of the post of "Guest Lecturer" allotted 0.1 marks to the applicant for working part time basis without considering the Certificates issued by the Principal of Tagore Government College of Education, A&N Administration. Subsequently, another list was published on 21.07.2023 by the Respondent No.6, wherein once again the applicant was declared as ineligible on the grounds of "overage" and "Guest Faculty was not covered under the Circular dated 06.06.2001 for age relaxation".
(h) According to the applicant, she was discharging her duties under the Tagore Government College of Education, Port Blair like regular employees for 8 hours a day in all working days, therefore, she is entitled to get 0.2 marks for per month of her services, However, the respondents denied to Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, SOMA Phone=248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.02.24 14:04:54+05'30' Foxit PDF Reader Version: 2024.3.0 6 give her such marks, therefore, she could not be appointed though a provisional merit list of selected candidates with provisional statement of marks of eligible candidates was published. Hence, this O.A.
3. The respondents have filed written reply refuting the claim of the applicants.
They have submitted in their reply as follows :-
(a) The applicant could not be appointed as Post Graduate Teacher (History) in Tagore Government College, A&N Administration, Port Blair on the ground of overage and also for the reason that there was no mention of grant of age relaxation to the Guest Faculty in the Circular dated 19.09.2011. However, the applicant was given one time age relaxation of 2 years as granted by the Lieutenant Governor, A&N Islands, but still she was found overaged and could not be given appointment.
(b) As there was no stay order from any court for recruitment to the post of PGT, History (Hindi/English) medium, the offers of appointment to the notified posts were already issued by the department to the eligible and selected candidates, who accepted the offers of appointment . Thus, all the posts have already been filled up and there is no vacancy in the college to accommodate the applicant.
(c ) However, the Administration has issued a Circular dated 18.12.2023 for all the Head of Departments under A&N Administration and consented to extend the benefit of age relaxation also to the part time contract teachers/employees who come under the ambit of Administration's Circular dated 19.09.2011, onwards. The respondents have stated that in compliance of the above Circular of the Administration dated 18.12.2023 read with the Circular No.45/1998/PW dated Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, SOMA Phone=248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.02.24 14:04:54+05'30' Foxit PDF Reader Version: 2024.3.0 7 19.09.2011, the Department of Education would accord age relaxation to the instant applicant also along with others in the subsequent recruitment process to be notified for the post of PGT, History (H/E Medium).
(d) So far as grant of 0.2 marks for experience of each completed month of service is concerned, it is submitted by the respondents that eligibility of the applicant has already decided in terms of the Recruitment Notification published for the post of PGT, History (H/E Medium) by granting her 0.1 marks for each completed month and now the department cannot act contrary to the notified Recruitment Notification in any way. The respondents have also submitted that the issue of age relaxation in terms of Administration's Circular dated 18.12.2023 has no effect/cannot alter the nature of engagement of the applicant i.e. part time Guest Lecturer/short time contract teacher, therefore, the O.A. is liable to be dismissed.
4. At hearing, Learned Counsel for the applicant has relied on the judgment of Hon'ble High Court of Madhya Pradesh in Raghvendra Agrawal Vs. State of M.P & Others [W.P.No.4310 of 2007(S), Gwalior, decided on 05.02.2009], wherein, in view of the judgment of Hon'ble Supreme Court in Union Public Service Commission Vs. Dr. Jamuna Kurup and Others [(2008)11 SCC 10], it was observed that the part time employees are entitled to age relaxation for the period of service rendered as temporary/part time basis. Further, he has relied on order passed by this Tribunal in O.A.No.351/1020/2023/AN (Smti. R. Shakthi Priya Vs. Union of India & Others) dated 18.10.2023, wherein similarly situated employee was granted the benefit of age relaxation in terms of the provisions of the Circular dated 19.09.2011.
5. Learned Counsel for the respondents has contended that it is a settled proposition of law that an employee cannot challenge a selection process after participating in the same and being declared ineligible in the said selection. Hon'ble Supreme Court has time and again passed several judgments in this Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, SOMA Phone=248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.02.24 14:04:54+05'30' Foxit PDF Reader Version: 2024.3.0 8 regard, therefore, the applicant cannot be considered for appointment pursuant to the selection process which ended on 15.12.2023. However, he has agreed to consider the applicant's case for age relaxation in view of the subsequent Circular dated 18.12.2023 read with the Circular No.45/1998/PW dated 19.09.2011, if the applicant is otherwise found fit for the post as per rules.
6. We have considered the rival contentions of both sides and perused the pleadings and documents placed before us.
7. It is an admitted fact that the applicant is working as Guest Faculty in Tagore Government College of Education, Port Blair w.e.f. 01.09.2019 to 14.03.2023 with short breaks and thereafter from March, 2023 to 29.05.2023 as would be clear from the Certificates dated 14.03.2023 and 29.05.2023 issued by the Principal of the said College (Annexure A/3 to the O.A.
8. We have gone through the Circular No.45/1998/PW dated 19.09.2011 and the subsequent Circular dated 18.12.2023. In the Circular dated 19.09.2011, it is stipulated as under:-
"Sub : Relaxation of Upper-age limit-regarding Reference is invited to this Administration's Circular No.45/96-PW dated 06.06.2001 (Copy enclosed), wherein guidelines were issued regarding age relaxation to certain categories of employees.
2. The matter regarding extension of similar age relaxation to Daily Rated Mazdoors (DRMs) and Contract employees, including those appointed as Sarva Siksha Contract Teachers (SSCT), who have been working as such for prolonged periods, has been engaging the attention of the Administration for quite some time past.
3. It has been brought to the notice of the Administration that although the above categories of employees were well within age limit at the time of their initial engagement/appointment, however, over a period of time, they get over- aged when the regular vacancies become available, thus depriving them of their chance to apply for regular appointments/compete with others. 4 It has therefore been decided that all such candidates would be eligible to be considered for age relaxation subject to the actual period spent as SSCT/ Adhoc/ Contract for working in the department to which they are applying. However, in the case of DRMS/Adhoc/contractual workers the total period spent Digitally signed by SOMA BANDYOPADHYAY DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, SOMA Phone=248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAYReason: I am the author of this document Location:
Date: 2025.02.24 14:04:54+05'30' Foxit PDF Reader Version: 2024.3.0 9 in each of the departments of this Administration shall be counted irrespective of the department where they are applying for regular appointment, provided the post is general in nature and it doesn't require any specific technical qualification. It goes without saying that all cases of age-relaxation are subject to the primary condition that at the time of their initial engagement as SSCT/Adhoc/Contract/DRM, these employees were not over age."
From perusal of the aforesaid Circular dated 19.09.2011, we find that the said Circular provides relaxation of age to the daily rated mazdoors and the employees who have been working on contract basis. The respondents have interpreted this Circular to mean that it covers only those who have employed on a full time basis. But the said Circular does not mention either full time or part time contract employees. Therefore, we find no reason to assume that contract employees refer to only those who are engaged for full time and exclude those who are engaged on part time basis from the ambit of the Circular dated 19.09.2011. We have also perused the subsequent Circular dated 18.12.2023 issued by the Assistant Secretary (Pers.), A&N Administration, Secretariat, Port Blair to all the Head of Departments, A&N Administration, wherefrom it appears that after examining the matter of age relaxation in the light of various orders passed by the Central Administrative Tribunal, it was directed to extend the benefit of age relaxation to part time employees too as per orders passed by the Tribunal.
9. Hon'ble High Court of Madhya Pradesh in Raghvendra Agrawal Vs. State of M.P & Others [W.P.No.4310 of 2007(S), Gwalior, decided on 05.02.2009], in view of the judgment of Hon'ble Supreme Court in Union Public Service Commission Vs. Dr. Jamuna Kurup and Others [(2008)11 SCC 10], it was observed that the part time employees are entitled to age relaxation for the period of service rendered as temporary/part time basis. The relevant portion of the judgment of Hon'ble Supreme Court in Raghvendra Agrawal Vs. State of M.P & Others (supra) is quoted below for ready reference:- Digitally signed by SOMA BANDYOPADHYAY
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, SOMA Phone=248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAYReason: I am the author of this document Location:
Date: 2025.02.24 14:04:54+05'30' Foxit PDF Reader Version: 2024.3.0 10 "25. Keeping in view the judgment delivered by the Apex Court in the case of Dr. Jamuna Karup and others(supra), there is no distinction between the employees who are working on temporary posts or short term, contractual or ad hoc employees and they are at par with the regular employees in the matter of grant of age relaxation. In the present case, the petitioner is working as temporary/part time lecturer/guest faculty right from the academic session 2000-01 till date and, therefore, entitled for age relaxation at par with the Government employees as stated earlier in the preceding paragraphs."
The Hon'ble Apex Court in Union Public Service Commission Vs. Dr. Jamuna Kurup and Others(supra) opined that the person engaged on contract arrangement/short term basis and ad hoc employees falls within the ambit of the word 'employee' including all persons employed in the said Municipal Corporation where permanent or contractual, are entitled for age relaxation.
10. In the instant case, the applicant's counsel has taken the plea that the applicant worked in the college as a Guest Faculty for 8 hours a day like other regular employees and the respondents have not denied the said submission of the applicant, in their reply. Therefore, we completely agree with the submission of the Learned Counsel for the applicant that she is entitled to get 0.2 marks for experience as granted to the full time teachers/employees.
11. In view of the aforesaid discussions and in the light of the law laid down by Hon'ble Apex Court, we direct the respondents to consider the case of the applicant for appointment against the post of PGT, History after granting age relaxation in terms of the Circulars dated 19.09.2011 and 20.10.2022. However, if no post is available to accommodate the applicant at this stage, he may be considered for grant of age relaxation during the selection process to be conducted in future as per Circular dated 18.12.2023.
Digitally signed by SOMA BANDYOPADHYAY
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, SOMA Phone=248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.02.24 14:04:54+05'30' Foxit PDF Reader Version: 2024.3.0 11
12. With the above observations and direction, the O.A. stands disposed of. No order as to costs.
(Suchitto Kumar Das) (UrmitaDatta (Sen)
AdministrativeMember Judicial Member
Sb
Digitally signed by SOMA BANDYOPADHYAY
DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=133596418541584061RzFJVlZ8C5fhN1, SOMA Phone=248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a052a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439ae01bc, CN=SOMA BANDYOPADHYAY BANDYOPADHYAY Reason: I am the author of this document Location:
Date: 2025.02.24 14:04:54+05'30' Foxit PDF Reader Version: 2024.3.0