Central Administrative Tribunal - Delhi
Sanjay Kumar vs Govt. Of Nct Of Delhi & Anr. Respondents on 16 September, 2008
Central Administrative Tribunal Principal Bench OA No. 711/2008 New Delhi, this the 16th day of September, 2008 Honble Mr. Justice V. K. Bali, Chairman Honble Mr. L.K. Joshi, Vice Chairman (A) Sanjay Kumar ...Applicant (By Advocate: Shri Keshav Kaushik) Versus Govt. of NCT of Delhi & Anr. Respondents (By Advocate: Shri Vijay Pandita) O R D E R Justice V.K.Bali, Chairman:
Arguments were heard in this case on 15.09.2008 and orders reserved.
2. The relief asked for in the present Original Application based upon age relaxation was exclusively argued on the basis of Division Bench judgment of Honble Delhi High Court in Sushil Kumar Rajput vs. Director of Education & Ors., WP(C) No. 13782/2004 decided on 24.11.2006. Age relaxation for government employees in the case aforesaid decided by the Division Bench of Delhi High Court, reads as follows:-
The Age Limits as mentioned in the advertisement each Group `B and Group C posts are normal and are relaxable for SC/ST applicants upto 5 years and for OBC applicants upto 3 years. Age limit is also relaxable for Government Servants and employees of other Government organization upto 5 years. Age relaxation for government employees as per advertisement in present case reads as follows:-
Candidates belonging to SC/ST category are eligible for age relaxation upto a maximum of 5 years and candidates belonging to OBC upto a maximum of three years. The relaxation in upper age limit upto a maximum of 5 years (10 years for persons belonging to SC/ST community and 8 years for persons belonging to OBC category) may be allowed for meritorious sports persons. Candidates belonging to categories such as Ex-serviceman, Govt. servant, widows, PH and other special categories are eligible for age relaxation as per the order of the Govt. of India in force. Applicants claiming age relaxation should enclose the duly attested copies of necessary documents in support of such claim.
3. We were given to understand that the relevant clause dealing with age relaxation to government employees is exactly the same in the present case, as also in the case subject matter of the decision by Division Bench of Honble Delhi High Court in Sushil Kumar Rajput (supra). It is pertinent to mention that the petitioner before the Honble High Court being an employee of Municipal Corporation of Delhi has been held to be an employee of other government organization. The judgment of Honble Delhi High Court, on the basis of which the present matter has been argued, may not be applicable in the present case.
List this matter for re-hearing on 17.09.2008.
(L.K. Joshi) (V.K. Bali) Vice Chaiman (A) Chairman `naresh