LAWS(P&H)-2011-5-105

UNION TERRITORY, CHANDIGARH Vs. HEMANT KUMAR MITTAL

Decided On May 26, 2011
UNION TERRITORY, CHANDIGARH Appellant
V/S
Hemant Kumar Mittal Respondents

JUDGEMENT

(1.) The Union Territory, Chandigarh, has challenged order dated 9.2.2010 (P-21), passed by the Chandigarh Bench of the Central Administrative Tribunal (for brevity, 'the Tribunal') holding that the original applicant- respondent No. 1 is to be regarded as a Central Government employee and accordingly has been given the benefit of age relaxation as admissible to similarly situated employees in the Central Government. Consequential directions have also been issued to the petitioner to release the relevant certificate in that regard to the original applicant-respondent No. 1.

(2.) The object of obtaining the aforesaid relief was to enable the original applicant-respondent No. 1 to participate in the Combined Graduate Level (Preliminary) Examination-2006 for filling up various categories of posts in the Central Government offices.

(3.) Few facts are necessary to put the controversy in its proper perspective. The Staff Selection Commission, New Delhi, issued an advertisement, dated 14.10.2006 for holding Combined Graduate Level (Preliminary) Examination-2006 for filling up various categories of posts in the Central Government office. The original applicant-respondent No. 1 applied for the posts in question and appeared in the preliminary examination held in the year 2007. He was successful and thereafter permitted to appear in the Combined Graduate Level (Main) Examination in the year 2007. The result was declared on 24.4.2008 and he was asked to appear for viva on 30.5.2008. According to the result declared on 27.2.2009, the original applicant-respondent No. 1 was provisionally selected out of 183 candidates who were declared successful. He was asked to submit a certificate to the effect that he has been a Central Government employee and, therefore, he is entitled to the relaxation in age to the extent of three years. The original applicant-respondent No. 1 claimed that he has been working as a J.B.T Teacher, which is a Group-C post and that in the past also the employees working in the Union Territory, Chandigarh, have been given age relaxation by treating them as Central Government employee.