AJAY BHAGWATI Vs. UNION OF INDIA

JUDGEMENT

(1.) In the present O.A. applicant has I come to this Tribunal against appointment of Respondent No. 3 as driver Ion the plea that the said respondent is ineligible being overage and has prayed that his appointment be declared illegal and unsustainable in the eyes of law with directions to Respondent No. 2 to issue appointment letter to the applicant being the next candidate with all consequential benefits.

(2.) From the facts, as pleaded by the applicant we notice that applicant, possessed of matriculation qualifications, having heavy driving licence and some experience, applied for the post of driver, reserved for OBC category, pursuant to an advertisement issued by respondents, Annexure A -l. His name was sponsored by the Employment Exchange and he was called for interview on 16.04.2005. From the 11 candidates, three were short listed of whom he was more meritorious being within age of 18 -25 years plus relaxation of 3 years being OBC i.e. up to 28 years. Respondents, however, considered Respondent No. 3 who was an ex -serviceman. Since the post was not reserved for ex -serviceman category, the said respondent was overage for the post in question and could not be considered. Despite this, he was given relaxation of being an ex -serviceman whereby his valuable right has been infringed and taken away. Applicant has relied upon instructions, Annexure A -2, in view of which ex -servicemen can be considered against posts reserved for them only and it is in that situation that they are entitled for age relaxation for the service rendered by them in the Armed Forces plus 3 years. In the case of OBC, it is only 3 years i.e. up to the age of 28 years, Respondent No. 3 was about the age of 40 years and, thus, giving him relaxation in age is not sustainable in the eyes of law.

(3.) Official respondents have filed a written statement and private Respondent No. 3 has also contested the O.A. by filing a written statement separately. Respondents plead that Military School, Chail is a Category "A" Establishment of the Ministry of Defence Respondent No. 3 has been selected as a driver for that Establishment purely on merit against the post reserved for OBC category. As on 16.04.2005, he was of 35 years, 8 months in age, and as per relaxation admissible to OBC Ex -Servicemen, he was within the age by giving him the admissible age relaxation. Respondent No. 3, in defence, has pleaded that the O.A. is misconceived. He joined Armed Forces on 12.01.1998 and served there up to 31.10.2004 i.e. for 16 years, 9 months and 20 days. Therefore, he would be eligible for employment up to the age of 44 years, 9 months and 20 days {25 years + 16 years, 9 months and 20 days + 3 years) whereas on the date of his appointment, he was only 35 years and 8 months in age. He was, thus, not overge but within age.