Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

Central Administrative Tribunal - Madras

Periyasamy Alias Balamurugan L vs Ut Of Puducherry on 3 March, 2025

                                   1                  OA 310/186/2025

               CENTRAL ADMINISTRATIVE TRIBUNAL
                        CHENNAI BENCH

                             OA/310/00186/2025

      Dated Monday the 3rd day of March Two Thousand Twenty Five

      CORAM : HON'BLE MR. M. SWAMINATHAN, Member (J)
                            &
     HON'BLE MR. SANGAM NARAIN SRIVASTAVA, Member (A)

Periyasamy Alias Balamurugan .L,
S/o.Lachumanan,
No. 18, 9th Cross Extn., Rainbow Nagar,
Puducherry- 605011.                              ... Applicant

By Advocate M/s. M. Gnanasekar

Vs

1. Union of India, rep. by
The Secretary to Government,
Transport Department,
Government of Puducherry,
Puducherry-605 004.

2. Transport Commissioner,
Transport Department,
Government of Puducherry,
Puducherry-605 004.                              ... Respondents

By Advocate Mr. R. Syed Mustafa
                                       2                           OA 310/186/2025




                                ORAL ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Member(J)) In the instant OA, the applicant seeks the following relief:

"(i) set aside the Notification No. 11924/TD/Estt./AE/AMVI/2024 dated 10.02.2025 in so far it fails to give age-relaxation with reference to the prescribed age limit for the applicant and consequently direct the respondents 1 and 2 to grant age-relaxation in favour of the applicant with reference to the prescribed age limit in the Recruitment Notification No. 11924/TD/Estt./AE/AMVI/2024 dated 10.02.2025 to enable the application to apply for recruitment to the post of Junior Engineer / Assistant Motor Vehicle Inspector prescribed in the Transport Department, Puducherry and to consider the case of the petitioner for appointment to the said post and

(ii) pass such further orders of as are necessary to meet the ends of justice and

(iii) award exemplary cost and thus render justice."

2. Facts of the case, as stated by the applicant, are as follows:

The applicant belongs to MBC Category and possess B. Tech degree and Driving Licence. As per law, the applicant is entitled to get the benefit of reservation and age relaxation. The applicant submit that the second respondent issued a Notification on 10.02.2025 calling for applications for filling up 11 vacancies of Junior Engineer/Assistant Motor Vehicles Inspector (Level-VI). The Notification further provides that the maximum age limit fixed for the post

3 OA 310/186/2025 as on 28.02.2025 is 30 years which is relaxable in the case of MBC and OBC candidates by 3 years. It is submitted that the applicant is over aged hence the applicant could not upload the application in website as specified by the second respondent in the notification and so he submited a manuial application for the said post on 27.02.2025. Hence this Original Application is filed seeking the above relief.

3. The learned counsel for the applicant submits that the applicant is fully qualified as per the notification and that the applicant is over aged by 6 years. He further submits that the applicant is entitled to relaxation of 3 years to OBC/MBC Category candidates and also further 5 years relaxation to overaged candidates as per the G.Os issued by the Governemnt of Puducherry.

4. The learned counsel for the applicant further submits that the applicant has submitted his duly filled up application along with all the documents before the authorities and the same is acknowledged by the Department and hence the applicant is entitled to be permitted to participate in the selection process on the basis of the said submission of application. The applicant is entitled to get relaxation in the upper age limit prescribed by the second respondent for the post of Junior Engineer/Assistant Motor Vehicles Inspector and the applicant is entitled to be permitted to participate in the selection process and to get appointment to the post of Junior Engineer/Assistant Motor Vehicles Inspector 4 OA 310/186/2025 on the basis of the results of the performance in the selection process.

5. Heard learned counsel for the applicant, M/s. M. Gnanasekar, and Mr. R. Syed Mustafa, who takes notice for the respondents.

6. It is seen from the records that the Government of Puducherry has issued a notification on 10.02.2025 calling for applications for filling up 11 vacancies of Junior Engineer/Assistant Motor Vehicles Inspector with closing date of the application as 28.02.2025 and the tentative date of written examination as 16.03.2025. The Notification further provides that the maximum age limit fixed for the post as on 28.02.2025 is 30 years which is relaxable in the case of MBC, OBC, SC, EX-Servicemen and In-service candidates as detailed below:-

Category Relaxation of Upper Age Limit OBC/MBC 3 Years SC 5 Years Ex-Servicemen (XSM) Period of Military Service plus 3 years In-service applicants Relaxable for Government Servants up to 35 years (38 years for OBC/MCB and (Refer para./clause 13 of the 40 for SC officials) in accordance with Notification) the Instructions or orders issued by Central Government, provided such Government Servants are working for not less than 3 years in the posts which are in the same line or allied cadres and where a relationship can be established that the services rendered by them in the Department will be useful for efficient discharge of duties in the post for which selection is made.

5 OA 310/186/2025

7. It is also seen from notification that those eligible applicants listed at Annexure-I and also listed in the Recruitment portal Need Not Apply Again. Their age eligibility criteria will be reckoned as per the cut of date notified earlier on 10.11.2022.

8. From the above, it could be gathered that the present applicant could not apply through online as he is over aged, he has approached this Tribunal praying that the respondents may accept his offline application and he has made representation on 27.02.2025 to the said effect.

9. The main plea of the learned counsel for the applicant is that to permit the applicant for the examination which cannot be accepted. Therefore we find that the applicant has not made out his case as the applicant is over aged above the relaxation criteria as mentioned in the notification dated 10.02.2025.

10. In the result, OA being devoid of merit is dismissed at the admission stage.

 (Sangam Narain Srivastava)                                  (M. Swaminathan)
       Member (A)                                               Member (J)
                                        03.03.2025
AS