DELHI SUBORDINATE SERVICES SELECTION BOARD Vs. PREETI BALAYAN

JUDGEMENT

(1.) With the acceptance of the recommendations of the 6 th Central Pay Commission made applicable from January 01, 2006, the undisputed position which came into existence was that posts of Assistant Teachers and Primary Teachers became Group 'B' posts as against Group 'C' posts prior thereto. The resultant effect was that the upper age limit for being appointed either as Primary Teacher or Assistant Teacher became 30 years, for the reason it is the mandate of the Government that upper age for direct recruitment to a Group 'B' post has to be 30 years.

(2.) The Recruitment Rules for the 2 posts framed by the Municipal Corporation of Delhi and the Government of NCT of Delhi were notified much prior to the implementation of the pay-scales recommended by the 6 th Central Pay Commission. Since at the time when the Recruitment Rules were promulgated the two posts were Group 'C' posts, the upper age limit prescribed was 27 years; being the upper age limit for direct recruitment to Group 'C' posts.

(3.) Any intelligent Administrative Officer could have easily spotted the requirement to amend the existing Recruitment Rules with respect to enhancing the upper age limit, for the reason this became the compulsion of law when the two posts changed category from Group 'C' posts to Group 'B' posts.