UNION OF INDIA Vs. RAMESH SINGH RAJPUT

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a Division Bench of the Madhya Pradesh High Court, dismissing the writ petition filed by the appellants.

(3.) Factual background facts in a nutshell is as follows: The appellant No. 2 herein invited applications for several posts including the post of Cook by Employment/ Recruitment Notice published in the Employment News dated 19-25th October, 2002. The upper age limit in regard to unreserved category candidate was mentioned as 25 yrs. Respondent furnished his date of birth as 17.3.1978 and on that basis he was selected. The School Certificate and other records showed the date of birth as 17.3 1977. Respondent claimed that he did not suppress any facts and he disclosed all the material facts in regard to his date of birth and had also filed an affidavit stating that his date of birth was 17.3.1978 and he had sought for correction of date of birth in the School Records. However, as he was found to be over 25 years, with reference to the date of birth in the School Records, though selected, he was not appointed. Feeling aggrieved by his non-appointment, though selected, the Respondent herein filed O.A. No. 322/2003 before the Central Administrative Tribunal, Jabalpur Bench (in short CAT) seeking a direction to the appellants herein to appoint him as Cook. One of the grounds urged by him by amending the applications was that the Central Civil Services and Civil Posts (Upper Age Limits for Direct Recruitment) Rules, 1998 (Rules for short) which came into force on 1.4.1999 had increased the upper age limit for recruitment by the method of Direct Open Competitive Examination" to the Central Civil Services and Civil Posts specified in the relevant Service/Recruitment Rules, by two years. He contended that he was entitled to the benefit of said increase and if two years was added, he would fulfill the age recruitment even if the date of birth is taken as 17.3.1977.