MADHUSUDAN MOHANTY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Writ Petition has been filed against the Order dated 7.10.2004 passed by the Learned Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 800 of 2002.

(2.) THE brief facts of the cases are that the petitioner had challenged before the Tribunal against the appointment of Respondent No. 4 as Animal House Attendant in the Regional Medical Research Centre, Bhubaneswar. The following two grounds were taken by him in the Original Application : -

(3.) THE Selection Committee found Respondent No. 4 more meritorious in comparison with others and thereafter taken a decision to relax his age. The Tribunal has dismissed the original application holding that a retrenched casual worker is entitled to be considered for regular appointment by counting his experience and he is also entitled to be given the age relaxation to the extent of his casual work period. The Apex Court in the case of Ashok Kumar Uppal and Ors. v. State of J & K and Ors. reported in AIR 1998 SC 2812 has held that in the appropriate cases the employer can relax the upper age limit in the interest of justice. The Apex Court has further held as follows :