GOVT OF NCT OF DELHI Vs. MUKESH VATS

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 3.01.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as "the Tribunal") in Original Application No. 1618/2011.

(2.) THE respondents had filed the said Original Application as they had sought age relaxation on the ground that they were sportsmen. THEy had based their claim on two Office Memoranda (OMs) being OM dated 4.8.1980 and OM dated 12.11.1987, which, according to them, if read in conjunction with each other would entitle them to the age relaxation that they were seeking for the Group ,,B Post of Teacher (Physical Education) bearing post code No. 18/10 advertised by the Delhi Subordinate Services Selection Board (DSSSB), through their advertisement No. 1/10 dated 22.2.2010. THE Tribunal after considering the arguments raised on both sides allowed the Original Application with the direction to the respondents therein (the petitioners herein) to grant the benefits of age relaxation in the upper age limit as per OM dated 12.11.1987 to the applicants (respondents herein). It was also indicated that if they were otherwise found fit and eligible, they shall be given appointment as Physical Education Teachers in the Directorate of Education within a period of 02 months from the date of receipt of a copy of the said order. THE Tribunal also directed that the applicants would be entitled to consequential benefits except back wages.

(3.) A plain reading of the said OM indicates that the subject with which it was concerned was relaxation of upper age limit of meritorious sportsmen/sportswomen for appointment in the Central Government. It clearly indicates that earlier the OM dated 4.8.1980 dealt with the question of relaxation of the age limit insofar as Group ,,C and Group ,,D posts were concerned. However, the question of giving further concessions to the category of meritorious sportsmen/sportswomen had been engaging the attention of the Government for some time. It was in this context that a proposal had been made to extend the concession of age relaxation for entry of sportspersons into Government service. In this backdrop, the Government of India (Department of Personnel and Training) had, in consultation with the UPSC, the Ministry of Law and Department of Youth Affairs and Sports, come to a decision that the categories of sportsmen/sportswomen specified in paragraph ,,a of the OM dated 4.8.1980 be allowed relaxation in upper age limit upto a maximum of 05 years (10 years in the case of those belonging to Scheduled Castes and Scheduled Tribes) for the purpose of appointment to "all groups of Civil Posts/Services under the Government of India filled otherwise than through the competitive examination conducted by the UPSC".