Central Administrative Tribunal - Kolkata
Monisha Antony vs Education on 21 February, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
(Circuit At Port Blair)
No.O.A.351/1529/2023 Date of hearing : 11.02.2025
Date of order : 21.02.2025
Present :Hon'ble Mrs. Urmita Datta Sen, Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Ms. Monisha Antony, Daughter of A.S. Antony, Aged about 33 years,
Working as Guest Faculty under the Tagore Government College
of Education, Port Blair, Resident of Bhatu Basti, Near Arasan Cottage
Match Industries, Post Office-Garacharma, Port Blair,
South Andaman-744105.
...........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
SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=
133596418541584061RzFJVlZ8C5fhN1, Phone=
248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a05
2a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER=
BANDYOPADHYA f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439a
e01bc, CN=SOMA BANDYOPADHYAY
Reason: I am the author of this document
Y Location:
Date: 2025.02.24 13:58:58+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(English) 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 (English)(EWS Category) 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 2012, the applicant being an EWS candidate, applied for the post of Guest Faculty in English. Subsequently, vide Order No. 275 dated 21.09.2012, the applicant was empanelled as Guest Faculty in English under the Tagore Government College of Education ,Port Blair to manage the Digitally signed by SOMA BANDYOPADHYAY SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a05 2a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= BANDYOPADHYA f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439a e01bc, CN=SOMA BANDYOPADHYAY Reason: I am the author of this document Y Location:
Date: 2025.02.24 13:58:58+05'30' Foxit PDF Reader Version: 2024.3.0 3 studies of Integrated Teachers Education Programme of the said college as and when required during the academic session 2012-2013 for odd semester from July, 2012 to December, 2012 for which she was paid honorarium of 250/- per lecture with a ceiling of Rs. 10,000/- per month. Her engagement was extended upto 02.05.2013.
(b) After going through a selection process initiated pursuant to the Order dated 06.09.2013, the applicant was engaged as a Resource Person in English to deliver lectures on as and when required basis w.e.f.01.09.2013 to 15.11.2013 in Jawaharlal Nehru Rajkeeya Mahavidyalaya, Port Blair for which she was paid honorarium at the @ Rs.1000/- per lecture with a ceiling of Rs.25,000/- and such engagement of the applicant was extended upto 15.04.2014. Thereafter, the applicant completed her Master's degree in English during the academic session from July,2014 to July, 2015. Again she appeared in various selection processes and worked in different educational institutions for different period of times as Resource Person/Guest Faculty and also as Post Graduate Teacher (English) in Jawaharlal Nehru Rajkeeya Mahavidyalaya, Port Blair, Andaman Law College, Government Senior Secondary School on short term contract basis.
Finally, she was engaged as Guest Faculty/Resource Person in English on as and when required basis for the academic year 2021-2022 in Tagore Government College of Education, Port Blair and such engagement was extended thereafter from time to time till 02.08.2022. The applicant's counsel has annexed several certificates issued by the aforesaid educational institutions in support of engagement of the applicant on short term basis.
(c) On 10.05.2023, a paper publication was made by the Respondent No.6, whereby posts of Post Graduate Teacher was published including five posts of Post Graduate Teacher, English[General-2, OBC-2 and EWS-1). Digitally signed by SOMA BANDYOPADHYAY SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a05 2a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= BANDYOPADHYA f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439a e01bc, CN=SOMA BANDYOPADHYAY Reason: I am the author of this document Y Location:
Date: 2025.02.24 13:58:58+05'30' Foxit PDF Reader Version: 2024.3.0 4 The Andaman & Nicobar Administration on 19.09.2011 issued a Circular pertaining to relaxation of upper age limit in respect of daily rated mazdoors, ad hoc employees and contract employee including those who are 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 Economically Weaker Section(EWS) 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.
(d) 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.
(e) As per the Recruitment Rules, maximum age limit for the EWS Candidate is 30 years. The applicant submitted her application for the post of PGT (English) and at that time she was aged 33 years 10 months and 18 days.. In terms of age relaxation of two years accorded vide circular dated 30.10.2022, the applicant got two years of age relaxation, thereby she was overaged by 3 years 10 months and 18 days..
Digitally signed by SOMA BANDYOPADHYAY
SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a05 2a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= BANDYOPADHYA f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439a e01bc, CN=SOMA BANDYOPADHYAY Reason: I am the author of this document Y Location:
Date: 2025.02.24 13:58:58+05'30' Foxit PDF Reader Version: 2024.3.0 5
(f) As per the applicant, since she belongs to EWS 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 said selection process. 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.12 of ineligible candidates and remark against her name was "Overage".
(g) As per the said advertisement, maximum marks for teaching experience was fixed at 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 on part time basis without considering the Certificates issued by the Principal of Tagore Government College of Education, A&N Administration and other educational institutions as mentioned above.
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 as regular employees, therefore, she is entitled to get 0.2 marks for per month of her services, However, the respondents denied to give her such marks, therefore, she could not be appointed though a provisional merit list of selected candidates Digitally signed by SOMA BANDYOPADHYAY SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a05 2a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= BANDYOPADHYA f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439a e01bc, CN=SOMA BANDYOPADHYAY Reason: I am the author of this document Y Location:
Date: 2025.02.24 13:58:58+05'30' Foxit PDF Reader Version: 2024.3.0 6 with provisional statement of marks of eligible candidates was published as per Vacancy Notice as mentioned above. 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 (English) 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, English, 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 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, English.
(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 Digitally signed by SOMA BANDYOPADHYAY SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a05 2a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= BANDYOPADHYA f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439a e01bc, CN=SOMA BANDYOPADHYAY Reason: I am the author of this document Y Location:
Date: 2025.02.24 13:58:58+05'30' Foxit PDF Reader Version: 2024.3.0 7 applicant has already decided in terms of the Recruitment Notification published for the post of PGT, English 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 regard, therefore, the applicant cannot be considered for appointment pursuant to the selection process which ended long back. 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. Digitally signed by SOMA BANDYOPADHYAY SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a05 2a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= BANDYOPADHYA f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439a e01bc, CN=SOMA BANDYOPADHYAY Reason: I am the author of this document Y Location:
Date: 2025.02.24 13:58:58+05'30' Foxit PDF Reader Version: 2024.3.0 8
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 and worked in several other educational institutions under A&N Administration in the past, as mentioned in the preceding paragraphs. She has attached Certificates to the extent of her working in the post of Resource Person/Guest Faculty/Post Graduate Teacher (English) with the O.A. On a perusal of the said Certificates, there is no doubt that the applicant worked on short term basis in different Educational Institutions as Guest Faculty/Post Graduate Teacher/Resource Person (English).
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 stated 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 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."Digitally signed by SOMA BANDYOPADHYAY
SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a05 2a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= BANDYOPADHYA f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439a e01bc, CN=SOMA BANDYOPADHYAY Reason: I am the author of this document Y Location:
Date: 2025.02.24 13:58:58+05'30' Foxit PDF Reader Version: 2024.3.0 9 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 are working on contract basis. The respondents have interpreted this Circular to mean that it covers only those who were employed on 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:-
"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 Digitally signed by SOMA BANDYOPADHYAY SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65= 133596418541584061RzFJVlZ8C5fhN1, Phone= 248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a05 2a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= BANDYOPADHYA f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439a e01bc, CN=SOMA BANDYOPADHYAY Reason: I am the author of this document Y Location:
Date: 2025.02.24 13:58:58+05'30' Foxit PDF Reader Version: 2024.3.0 10 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 fall 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 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, English 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.
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
SOMA DN: C=IN, O=Personal, T=6794, OID.2.5.4.65=
133596418541584061RzFJVlZ8C5fhN1, Phone=
248a2038712d0767cdf2a9a674eb5cc32aa060bb09eb992ecb181b7a05 2a187d, PostalCode=700114, S=West Bengal, SERIALNUMBER= BANDYOPADHYA f048dc9a9c57abdc8eb507bb0fbc388d2dfdb37eb37045900c3c33b439a e01bc, CN=SOMA BANDYOPADHYAY Reason: I am the author of this document Y Location:
Date: 2025.02.24 13:58:58+05'30' Foxit PDF Reader Version: 2024.3.0