N BALARAMAN Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Challenge in this Writ Petition is to the order dated 08.09.2015 in O.A. No. 310/1262/2015 by the Central Administrative Tribunal, Madras Bench, dismissing the Original Application filed under Section 19 of the Administrative Tribunals Act, 1985 seeking for a direction to the respondents, to grant age relaxation, so as to enable the petitioner to apply to the post of Upper Division Clerk.

(2.) Facts of the case deduced from the material on record and the order impugned in this Writ Petition are that the petitioner is a graduate in Computer Applications and he also holds a Diploma in Electrical & Electronics Engineering. The Under Secretary to Government, Department of Personnel and Administrative Reforms (Personal Wing), Government of Puducherry, Secretariat, Puducherry, the third respondent, has issued a notification on 11.08.2015, calling for applications, to the post of Upper Division Clerk, Group C, Non-Ministerial in the Department of Personnel and Administrative Reforms (Personnel Wing), Puducherry. In the said notification, besides, educational qualification for the post of Upper Division Clerk Group C in Ministerial Services, the maximum age limit prescribed for the candidates belonging to MBC/ OBC/ EBC/ BCM/ BT, it is 35 years, as on 11.09.2015, inclusive of three years [32 +3]. Clause II of the notification is re-produced hereunder :- <FRM>JUDGEMENT_541_LAWS(MAD)9_2015.html</FRM>

(3.) It is the case of the petitioner that when he intended to apply to the said post through on-line, he could not open the site. Placing reliance on G.O. Ms. No.98/83-Lab, Labour Department dated 24.08.1983, in which relaxation is given to candidates sponsored to Government service, before the Central Administrative Tribunal, Madras Bench, the petitioner has submitted that he should have been given relaxation, by 20 days to become eligible for applying to the post of Upper Division Clerk. After considering the G.O statedand by observing, that the Writ Petitioner was over aged as on 11.09.2015 and giving age relaxation contrary to the recruitment rules, is not within the purview of the Tribunal, O.A. No.310/01262 of 2015, has been dismissed, as it does not deserve for admission.