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Punjab-Haryana High Court

Post Graduate Institute Of Medical ... vs Central Administrative Tribunal ... on 28 July, 2014

Author: Hemant Gupta

Bench: Hemant Gupta

            CWP No.14625 of 2014                                                                   1



                       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                    CHANDIGARH

                                                                      CWP No.14625 of 2014

                                                                   Date of decision:28.7.2014

            Post Graduate Institute of Medical Education & Research Chandigarh

                                                                                ....Petitioner

                                             VERSUS

            Central Administrative Tribunal Chandigarh and others

                                                                                .....Respondents

            CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA

                               HON'BLE MR. JUSTICE ARUN PALLI


            Present:            Mr. Amit Jhanji, Advocate for the petitioner.

                                      ****

            HEMANT GUPTA, J.(Oral)

The challenge in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') on 07.04.2014 whereby an original application filed by respondent No.2 herein, hereinafter referred to as the applicant, was allowed with a direction to re-consider the issue of age relaxation of applicant within a period of four months. Such direction was issued for the reason that the applicant is continuing in the service of present petitioner as Store Keeper for the last 14 years, may be by virtue of the interim orders passed by Courts.

Learned counsel for the petitioner vehemently argued that most of the period, the applicant continued to work as Store Keeper by virtue of an interim order granted by the Court, therefore, the applicant cannot draw any benefit of such an order of the Court.

Kumar Vimal 2014.07.31 15:36 I attest to the accuracy and integrity of this document Chandigarh CWP No.14625 of 2014 2

The fact remains that the applicant continued on the post of Store Keeper, which is not of a technical nature, for almost 14 years. The direction is only to re-consider the issue of age relaxation.

Keeping in view the long period for which the applicant has already worked, we find that there is no illegality in the direction passed to reconsider the question of age relaxation. At this stage, learned counsel for the petitioner states that issue of age relaxation to be considered by the Governing Council, which generally meets once in six months. In view of the said fact, we extend the period of consideration so as to complete the process on or before 31.12.2014.

The writ petition is disposed of in above terms.




                                                                      (HEMANT GUPTA)
                                                                          JUDGE



            JULY 28, 2014                                               (ARUN PALLI)
            'D. Gulati'/Vimal                                              JUDGE




Kumar Vimal
2014.07.31 15:36
I attest to the accuracy and
integrity of this document
Chandigarh