Central Administrative Tribunal - Madras
Rathish Vishwanath vs Ut Of Puducherry on 7 March, 2025
1 OA 310/208/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00208/2025
Dated Friday the 7th day of March Two Thousand Twenty Five
CORAM : HON'BLE MR. M. SWAMINATHAN, Member (J)
&
HON'BLE MR. SANGAM NARAIN SRIVASTAVA, Member (A)
Rathish Vishwanath, S/o. R.Shanmugaraj, No.27, Gnaprakasam Nagar, 7th
Cross Extension, Kamaraj Salai, Saram, Puducherry. 605008.
... Applicant
By Advocate M/s. K. Kannadhasan
Vs
1. Union of India Represented by The Lieutenant Governor of Puducherry,
Government of UT of Puducherry, Rajnivas, Puducherry-605 001.
2. The Chief Secretary to Government, Government of Puducherry, Secretariat,
Beach Road, Puducherry-605 001.
3. The Secretary to Government (DP & AR), Department of Personnel &
Administrative Reforms, Government of Puducherry, Secretariat, Beach Road,
Puducherry-605 001.
4. The Under Secretary to Government (DP & AR), Department of Personnel &
Administrative Reforms, Government of Puducherry, Secretariat, Beach Road,
Puducherry-605 001.
5. Union Public Service Commission (UPSC), Represented by its Secretary
(Recruitment Rules) Dholpur House, Shahjahan Road, New Delhi-110 069.
... Respondents
By Advocate Mr. R. Syed Mustafa
2 OA 310/208/2025
ORAL ORDER
(Pronounced by Hon'ble Mr. M. Swaminathan, Member(J)) In the instant OA, the applicant seeks the following relief:
"to call for the records relating to impugned detailed Recruitment Notification vide No. A-
34012/7/E1/2024/DP&AR (Exam) dated 22-08-2024 dated issued by the 4th respondent for filling up 256 vacancies to the post of Assistant (Group 'B' (Non-Gazetted, Ministerial) by way of Direct Recruitment by conducting Two Tiers (Tier-I and Tier- II) Competitive Examination in so far as Colum No. 3 under Age Limit fixing age limit as 30 years and quash the same and consequently direct the respondents to consider the candidature of Applicant for the selection to the post of Assistant in pursuant to No.A-34012/7/E1/2024/ DP&AR (Exam) dated 22-08-2024 dated issued by the 4th respondent, by granting age relaxation of 9 months and 5 days and accommodate the Applicant at suitable place with all monetary and non-monetary benefits with effect from the date on which when other selected candidates were appointed, if the Applicant otherwise found eligible except age factor, and pass such further or other orders as this Hon'ble Tribunal may deed fit and proper in the facts and circumstances of this case and thus render justice. "
2. Facts of the case, as stated by the applicant, are as follows:
The applicant belongs to SC Community (Migrant) and is categorised under "General" Category. He possess B.Sc, B.Ed (Integrated). 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 22.08.2024 calling for applications for filling up 256 posts of Assistant (Level - 6). The
3 OA 310/208/2025 Notification further provides that the maximum age limit fixed for the post as on 24.04.2024 is 30 years. It is submitted that the applicant is over aged hence the applicant could not upload the application in website and so he submited a manuial application for the said post on 19.09.2024. 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 9 months and 5 days. He further submits that the applicant is entitled to relaxation of 2 years to overaged candidates as per the G.O Ms No. 50 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 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.
5. Heard learned counsel for the applicant, M/s. K. Kannadhasan, 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 4 OA 310/208/2025 a notification on 22.08.2024 calling for applications for filling up 256 vacancies of Assistant with closing date of the application as 20.09.2024. The Notification further provides that the maximum age limit fixed for the post as on 24.04.2024 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.
7. 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.
8. 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 5 OA 310/208/2025 the applicant has not made out his case as the applicant is over aged above the relaxation criteria as mentioned in the notification dated 22.08.2024
9. In the result, OA being devoid of merit is dismissed at the admission stage.
(Sangam Narain Srivastava) (M. Swaminathan)
Member (A) Member (J)
07.03.2025
AS