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Supreme Court - Daily Orders

Vikrant Katoch & Ors. Etc. vs Union Of India & Ors. Etc. on 1 December, 2015

Bench: T.S. Thakur, Kurian Joseph

                                                       1

     ITEM NO.15                                COURT NO.2                   SECTION XIV

                                   S U P R E M E C O U R T O F          I N D I A
                                           RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                       No(s).   2496-2497/2014

     (Arising out of impugned final judgment and order dated 17/10/2013
     in CWP No. 10650/2012,17/10/2013 in CWP No. 1529/2013 passed by the
     High Court Of Himachal Pradesh At Shimla)

     VIKRANT KATOCH & ORS. ETC.                                              Petitioner(s)

                                                      VERSUS

     UNION OF INDIA & ORS. ETC.                                              Respondent(s)

     (with appln. (s) for directions                        and   interim   relief   and   office
     report) (For Final Disposal)

     Date : 01/12/2015 These petitions were called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE T.S. THAKUR
                             HON'BLE MR. JUSTICE KURIAN JOSEPH

     For Petitioner(s)                 Mr. Devendra Singh,Adv.
                                       Mr. Anant K. Vatsya,Adv.

     For Respondent(s)                 Mr. Ranjit Kumar,SG

                                       Ms. Sushma Suri,AOR (Not present)

                                       Mr. Indubir Singh Alag,Adv.
                                       Mr. Rajesh Kumar,Adv.
                                       Mr. Ahmad Shahrooz,Adv.
                                       Mr. J.S. Lamba,Adv.
                                       Mrs. Kanchan Kaur Dhodi,Adv.

                         UPON hearing the counsel the Court made the following
                                           O R D E R

Heard.

The petitioners have worked as contractual employees with the Signature Not Verified respondent-National Institute of Technology (NIT), Digitally signed by Mahabir Singh Date: 2015.12.04 Hamirpur, Himachal Pradesh.

14:31:03 IST Reason: Their prayer for regularisation has been declined by the High Court holding that there is no scheme for such regularisation and also that they are all, 2 except one, ineligible under the Rules for such appointments. Mr. Devendra Singh, learned counsel for the petitioners, however, submits that the petitioners are all eligible and that the only impediment in their being considered for regular appointment on a substantive basis is the age bar under the relevant Rules. It is pointed out from the relevant rules that each one of the petitioners has gone beyond the age limit prescribed under the recruitment Rules.

The question in the above context is whether NIT or the Government of India can consider relaxation of the age bar, in the case of the petitioners, proportionate to the period for which they have worked on contract basis with NIT. Both Mr. Indubir Singh Alag, learned counsel for NIT, and Mr. Ranjit Kumar, learned Solicitor General, who was requested by us to assist the Court, seek a week's time to examine the matter and take instructions, especially whether it is the Union of India or NIT who is competent to grant such a relaxation.

Post again on Wednesday, the 9th December, 2015. Needful be done in the meantime.

(MAHABIR SINGH)                                            (VEENA KHERA)
 COURT MASTER                                               COURT MASTER