UNION PUBLIC SERVICE COMMISSION Vs. M R RANY

JUDGEMENT

(1.) THE 1st respondent, who was the Part-Time Lecturer in Tagore Arts College in Pondicherry, initially preferred O.A.No.224 of 1995 before the Central Administrative Tribunal, Chennai. In the said case, the Tribunal, by order dated 11th July, 1996, directed not to replace the 1st respondent by any person other than the one selected by way of regular selection through Union Public Service Commission to continue the service of 1st respondent till work load justifies such continuation fix the pay of 1st respondent on par with that of regular Lecturers and to make such payment for actual period of service put in by the 1st respondent after 8th February, 1994 with arrears in view of the direction aforesaid. So far as the relief regarding treating the 1st respondent as ad hoc Lecturer and declaring the breaks at the end of every academic year as illegal, was rejected. However, it was observed that at the time of regular selection, the case of the 1st respondent may be considered along with others by relaxing the upper age limit to the extent of service put in by the 1st respondent.

(2.) REGULAR selection is made by Union Public Service Commission (for short 'UPSC'), which was not a party to the aforesaid O.A.No.224 of 1995. The 1st respondent, being over aged, her case was not considered by UPSC. At that stage, being aggrieved, the 1st respondent preferred another O.A.No.997 of 2004 against UPSC for non-consideration of her case being over aged and moved the Central Administrative Tribunal for the following reliefs:

(3.) LEARNED counsel for the petitioner submitted that no direction can be given to relax the age. The same can be relaxed only if a general decision is taken for relaxation of age in regard to similarly situated candidates and not with regard to an individual, otherwise, it will be violative of Article 14 of the Constitution as relaxation of age of other similarly candidates shall not be considered. It was further submitted that relaxation of age limit beyond the maximum possible 8 years, on any other basis like the length of service, is not permissible.