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1 - 10 of 10 (0.24 seconds)Article 227 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
High Court Of Delhi vs Devina Sharma on 14 March, 2022
13. With regard to grant of relaxation in upper age limit, the
learned Senior Counsel appearing for the Petitioner also
referred to the judgment of the Hon'ble Supreme Court in
High Court of Delhi v. Devina Sharma (Civil Appeal
No.2016 of 2022) and the judgment of this Court in Nagen
Bhoi & others v. State of Odisha (W.P.(C) No.341 of 2023)
and Sujit Kumar Padhy v. State of Odisha (W.P.(C)
No.36126 of 2021). By referring to the aforesaid judgments,
learned Senior Counsel appearing for the Petitioner submitted
that the Hon'ble Supreme Court as well as this Court keeping
in view the fact that the recruitment tests were not conducted
during COVID-19 pandemic and there was a long gap
between the two recruitment tests, the candidates who have
become over aged by the time the advertisements were
issued, the recruitment test took place immediately after
COVID-19 were given age relaxation by virtue of the
aforesaid judgment. The judgment delivered by the Hon'ble
// 14 //
Supreme Court and this Court has also been given effect to
by the respective Governments.
State Of M.P. & Ors vs Yogendra Shrivastava on 7 October, 2009
The same could not have been
taken away in view of the judgments of the Hon'ble Supreme
// 26 //
Court in State of Madhya Pradesh & Ors. Vs. Yogendra
Shrivastava, reported in (2010) 12 SCC 538. Further, the
classification done under the Notification dated 15.01.2022
does not appear to be in conformity under Article 14 of the
Constitution of India inasmuch as the benefits under the
Notification dated 11.01.2022 should have been made
applicable to the recruitment process which have not been
concluded by the time such notification was published.
All Manipur Pensioners' Association ... vs State Of Manipur And Ors. on 24 March, 2005
Such
classification would be hit by Article 14 as held by the
Hon'ble Supreme Court in All Manipur Pensioners
Association v. The State of Manipur and Others, reported in
(2020) 14 SCC 625, wherein it has been held by the Hon'ble
Supreme Court that there cannot be class within class in an
unreasonable manner thereby depriving the class within a
class of certain benefits. There has to be a classification
founded on some rational principle when similarly situated
class is differentiated for grant of any benefit.
Article 16 in Constitution of India [Constitution]
Sujit Kumar Padhi vs State Of Odisha And Others .... Opp. ... on 19 October, 2023
In such view of the matter, learned Senior Counsel
appearing for the Petitioner keeping in view the proposition
of law laid down in the above noted judgments, prayed that
this Court be pleased to direct the Opposite Parties to
consider grant of age relaxation to the Petitioner in the light
of the aforesaid judgments. Finally, the learned Senior
Counsel appearing for the Petitioner submitted that the rules
of year 2016, under which, the present recruitment is taking
place also provides for relaxation clause in the shape of
Clause-17. Further, referring to the aforesaid Rule-17,
learned Senior Counsel appearing for the Petitioner submitted
that the State Government is vested with power to relax any
of the provisions of the said rule wherever it feels expedient
so to do, by order for reasons to be recorded in writing to any
class or category of employees in the interest of the Public
Service in consultation with the Commission.
State Of Odisha And Another vs Sudipta Kumar Mohanty And Others on 19 July, 2017
26. While deciding the case of the present Petitioner, some
of the factors which weighed on the mind of this Court are,
(1) the Petitioner is an Ex-serviceman and he has been given
age relaxation upto 40 years whereas the in-service
Government candidates have been given age relaxation upto
45 years, (2) no recruitment under the Sate Legal Services
Rules, 2016 took place in between 2017 to 2021, although the
rule provides that vacancies are required to be filled up every
year. The aforesaid proposition is well supported by a
judgment of this Court in State of Odisha & Anr. v. Sudpita
Kumar Mohanty & Ors. (W.P.(C) No.8516 of 2015), (3)
relaxation have been granted by this Court as well as the
Hon'ble Supreme Court in many cases by relaxing the upper
age limit. Further, the Petitioner having approached this
Court prior to the Gazette Notification dated 11.01.2022 and
15.01.2022, a right accrued in his favour vide Gazette
Notification dated 11.01.2022.
Nagen Bhoi And Others vs State Of Odisha And Others .... Opp. ... on 27 January, 2023
13. With regard to grant of relaxation in upper age limit, the
learned Senior Counsel appearing for the Petitioner also
referred to the judgment of the Hon'ble Supreme Court in
High Court of Delhi v. Devina Sharma (Civil Appeal
No.2016 of 2022) and the judgment of this Court in Nagen
Bhoi & others v. State of Odisha (W.P.(C) No.341 of 2023)
and Sujit Kumar Padhy v. State of Odisha (W.P.(C)
No.36126 of 2021). By referring to the aforesaid judgments,
learned Senior Counsel appearing for the Petitioner submitted
that the Hon'ble Supreme Court as well as this Court keeping
in view the fact that the recruitment tests were not conducted
during COVID-19 pandemic and there was a long gap
between the two recruitment tests, the candidates who have
become over aged by the time the advertisements were
issued, the recruitment test took place immediately after
COVID-19 were given age relaxation by virtue of the
aforesaid judgment. The judgment delivered by the Hon'ble
// 14 //
Supreme Court and this Court has also been given effect to
by the respective Governments.
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