Central Administrative Tribunal - Mumbai
Dilip Hinge vs M/O Health And Family Welfare on 13 June, 2024
1 | - OANo.555/2019 CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, MUMBAI ORIGINAL APPLICATION No.555 OF 2019 Dated this Thursday, the 13" day of June, 2024 CORAM : MS. HARVINDER KAUR OBEROI, MEMBER (JUDICIAL) SHRI RAJINDER KASHYAP, MEMBER (ADMINISTRATIVE) Shri Dilip Hinge, Aged about 32 years, R/at Post Awasari _ Bk. Taluka Ambegaon, Dist. Pune 412 406. - Applicant (By Advocate Shri P.J.Prasadrao) Versus 1. Union of India, Through the Secretary, Ministry of Health and Family Welfare, Room No.348, 'A' Wing Nirman Bhawan, New Delhi 110 011. 2. The Director General, Indian Council of Medical Research, V. Ramalinga Swami Bhawan, P.B. No.4911, Ansari Nagar, New Delhi 110 029. | 3. The Director, National Institute of Virology, 20 A, Dr. Ambedkar Nagar, Post Box No.11, Pune 411 001. - Respondents (By Advocate Shri A.V.Shinde) - | ORAL ORDER |
Per : Harvinder Kaur Oberoi, Member (Judicial) The present Original Application has been filed seeking age relaxation. The applicant was serving ona temporary basis in the projects conducted by the ICMR. He is seeking age relaxation in lieu of the service rendered by him in such projects. The Io had | issued an advertisement notifi cation for direct recruitment for various - posts on 21 04. 2018. Applicant had applied for the post of Technical Assistant (Technical Support in the unreserved category). After document verification, he was allowed fo appear in the online 2 OA No.555/2019 examination. It seems that the applicant was successful in the said examination but he was not issued the offer of appointment. By the _ impugned order dated 18.04.2019, the applicant was informed that since he is overage and age relaxation is not applicable for the project staff, as per Clause No.12 of ICMR Technical Cadre Integrated Recruitment and Assessment Rules, 2017, he cannot be offered appointment. |
2. The counsel for the applicant submits that the applicant had 'served as temporary/project staff in three spells :
Date of Entry in Total Sr. Date of exit service in '|No. |service temporary/|temporary/ project |months/years project 1 18/10/2010 31/08/2011 10 mnths 14 days
2. | 16/09/2011 15/04/2015 3 yrs about 05 mnths 3 23/11/2016 - 131/12/2018 . 2 yrs O1 mnth 08).
_ days
3. The counsel further submits that in total the applicant has served for about more than six years. At the time of application in response to the recruitment notice, the applicant had just crossed 30 years being the maxiumum age limit. Therefore, he filed the Original Application seeking age relaxation and appointment thereon. The following reliefs have been sought :
"8(a) To allow this Application, 8(b) This Hon'ble Tribunal be pleased to quash and set aside the order dated 18/04/2019 (Annexure A1) and direct the respondents to deduct temporary service rendered in the Institute of respondent No.3 from the applicant's age for 3. OA No.555/2019 the purpose of computing the maximum age criteria and issue offer of appointment order as the applicant stood first in the merit or in alternate treat the first entry in the temporary service for computing the maximum age criteria.
8(c) This Hon'ble Tribunal be pleased to direct the respondent no.3 to keep one vacancy till the O.A is finally heard and decided.
8(d) Ad-interim relief in terms of prayer clause 8 (c} may please be granted in the interest of justice.
8(e) This Hon'ble Tribunal be pleased to grant such other and further reliefs as expedient in the interest of justice.
8(f) The cost of the application maybe awarded in favour of the Applicant." ;
4. Learned counsel Shri A.V.Shinde appearing on behalf of the _ fespondents while relying upon the counter affidavit took us through the notification for application for the post of Technical Assistant instructions 3 which pertain to age relaxation which are as under :
"3. Age relaxation for identified posts will be in accordance with the orders issued by the Central Government from time to time.
a) SC/ST -5 years
b)OBC -3 years
c) Govt. servants with three years regular service
i) Group C vacancies- upto 40 years. (45 years for SC/ST)
ii) Group B vacancies - 5 years
d) Person working in ICMR projects continuously shall also be eligible for age relaxation upto 05 years provided he/she has entered into project service within Prescribed age limit for-the post.
e) Crucial date for calculating the maximum age will be the closing date for online application.. Such age relaxation shall be extended only for the reserved 4 . OA No.555/2019 vacancies (SC/ST/OBC) and no age relaxation against the Unreserved vacancies as per Govt. of india order No.36011/1/98/Estt (Res.) dated 01.07.1998."
5. Counsel for the respondents stated that as per instructions 3(d), @ person working in ICMR projects continuously shall be eligible for age relaxation upto 05 years. Since the applicant had served in -- three separate projects with breaks in between he was not granted age relaxation. Further, he stated that even otherwise, the applicant would not be eligible for appointment as he had filled in the
- application. form by submitting wrong 'information or suppréssing relevant facts. For this reason, he had been issued a warning letter with an advisory that in future he should be careful in providing the. necessary information for appointment in Government service.
6. We have considered the arguments of .the parties. Rule with respect to grant of age relaxation, as pointed out by the respondents counsel i is quite clear i.e. age relaxation upto five years is provided to the candidate who is continuously serving in the project. The applicant had been serving in three projects but with bréaks and therefore does not fit the bill. Even if we were to consider the last _ project in which the applicant came to be employed as Project Technical Assistant from 23.11.2016 till 31.12. 2018, Applicant attained the age of 30 in June 2016. As such at the time of | appointment, at the last project, the applicant would have been above 30 years. One of the conditions is that at the time of appointment, 5 | OA No.555/2019 while serving continuously, the employee should be within the age limit provided for the said post in order to 'seek age relaxation. . Looking at the matier in this aspect also, the applicant would not be éligible for the age relaxation in terms of the rules governing Recruitment.
7. | In view of the above, OA is dismissed.: No costs.
hs (Rajinder Kashyap) | (Harvindér Kaur Oberoi) . Member (Administrative) -- | Member (Judicial) _ kmg*