GNCT OF DELHI Vs. ARUN RAWAT

JUDGEMENT

(1.) The narrow question which the petitioner i.e., the Delhi Subordinate Services Selection Board (DSSB) urges, in these proceedings challenging the order of the Central Administrative Tribunal (CAT), Principal Bench in OA No. 3193/09, is whether the respondent-applicant was eligible to apply and secure appointment as Junior Engineer (Civil). It is urged by DSSB that the applicant had exceeded the age limits prescribed.

(2.) Briefly the facts are that the applicant was selected as an LDC through the Staff Selection Commission in the Employees Provident Fund Organisation, which he joined on 09.06.2003. He continued in that position till 24.02.2005. He was selected as an LDC in the Ministry of Defence which he joined on the later date i.e., 25.02.2005. He continued with the Central Government till 30.03.2007. In the interregnum, he had applied to the post of JE (Works) in the Railways and also with the Uttaranchal Peyjal Sansadhan Vikas Evam Nirman Nigam (in short 'UPN') and was selected. He was selected and worked with the Western Railways for the period 03.04.2007 to 21.10.2007. He later was appointed in the UPN, as Junior Engineer (Civil) on 03.10.2007. In this background, he applied for the post of Junior Engineer (Civil) in the MCD in July, 2008. At that time he was 30 years and the norms which prescribe the age limit mandated that the candidate ought to be 27 years, but, in exceptions as in the case of serving government servants and employees of Municipal Corporation, 5 years relaxation was permissible. The said rule notified in the advertisement reads as under:-

(3.) The applicant was selected but was not formally appointed, and therefore approached the CAT, which, after considering the materials on record and after interpreting the rules, held that the respondent-applicant was eligible, and directed that he will be given appointment.