UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE challenge in all these Writ Petitions is to the orders of the Central Administrative Tribunal, dated 27.11.2000 in O.A.NO.570 of 2000 (in W.P.No.19725 of 2001), dated 28.11.2000 in O.A.No.391 of 1999 (in W.P.No.23815 of 2002) and dated 28.11.2000 in O.A.No.347 of 1999 (in W.P.No.32787 of 2002).

(2.) THE respective applicants approached the Tribunal, challenging the action of the petitioners in not considering their names for being placed before the Department Promotion Committee for promotion to the grade of Inspector of Central Excise. According to the applicants, who are the second and third respondents in the respective Writ Petitions, as per the prevailing practice, for the purpose of promotion, the upper age limit for all posts was 45 years with five years relaxation for SC/ST community and that the respective second and third respondents belong to SC/ST community. It was also stated that the crucial date for consideration of their case for determination of their age limit was 1.1.1999 and that as on that date, they did not complete 50 years of age and therefore, their names ought to have been included for consideration by the Department Promotion Committee. Since by applying a subsequent instructions of the Union of India, dated 17.2.1999, which prescribed the age limit as 38 for all, with the age relaxation upto 40 years for SC/ST, the claim of the respective second and third respondents was denied by the Tribunal. One other contention raised on behalf of the second and third respondents was that there were three other employees belonging to SC/ST category, for whom the earlier age limit of 50 years applicable to SC/ST was extended and that discriminatory treatment was meted out to the second and third respondents alone.

(3.) IN fact, when these Writ Petitions were entertained, though interim order of stay was granted initially, subsequently, on 5.9.2003, taking note of the fact that two other employees who were also the Original Applicants before the Tribunal, though crossed the age of 50 years, were promoted based on the recommendations of the Department Promotion Committee, this Court held that eventually, if the respective respondents got selected, their promotion would be subject to the result of the Writ Petitions. INasmuch as we have found that the Tribunal was justified in holding that the crucial date for determination of the upper age limit was what was prevailing as on 1.1.1999 and not as the one prescribed in the circular/instructions dated 17.2.1999, we do not find any merit in the Writ Petitions. The Writ Petitions fail and the same are liable to be dismissed.