Syed Ahmar Ali Hashmi vs Union Public Service Commission & Ors

,,,

Talwant Singh, J",,,

The case of the petitioner is that, after acquiring the necessary qualification, he applied for the position of Junior Forensic/Assistant Chemical",,,

Examiner (Documents) with respondent nos. 2 and 3 and joined the said position on 18.04.2014 on contractual basis and still continuing in the same,,,

post.,,,

On 11.06.2019, the respondent no. 2, i.e., Govt. of NCT of Delhi issued an Office Memorandum (OM) by which it granted age relaxation upto 5",,,

years to contractual employees while applying against direct recruitment in the same department. This OM was reiterated and supplemented by,,,

instructions dated 10.07.2019 and it was specifically directed that the Departments/Undertakings will inform respondent no.1/ UPSC as well as,,,

DSSSB at the time of sending the requisition for recruitment. UPSC issued an advertisement for filling certain posts on behalf of Govt. of NCT of,,,

Delhi, including 4 vacancies for the post of Senior Scientific Officer (Documents), Forensic Science Laboratory, Home Department, Government of",,,

National Capital Territory of Delhi. But no relaxation upto 5 years in age was provided to the contractual employees of the same department, which",,,

was directly against the instructions contained in OM dated 11.06.2019. The last date to apply for the said post was 13.08.2020.,,,

The petitioner approached the learned Central Administrative Tribunal (CAT) by filing OA No. 975/2020 on 30.07.2020 but vide order dated,,,

07.08.2020, learned CAT was pleased to dismiss the OA in limine and feeling aggrieved by the said order, the present petition has been filed by the",,,

petitioner.,,,

Notice in the writ petition was issued on 19.08.2020. Respondent nos. 2 and 3 have filed counter affidavit and on behalf of respondent no.1, i.e.,",,,

UPSC, status report in the form of an affidavit was filed. The petitioner has filed rejoinder. Certain additional documents were also filed by the",,,

petitioner after taking leave of the Court.,,,

We have heard arguments and our considered view is as under:,,,

The entire case of the petitioner is based upon OM dated 11.06.2019; the said OM is reproduced hereunder:,,,

“GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI SERVICES DEPARTMENT-(BRANCH IV) 7th LEVEL, B-",,,

WING, DELHI SECRETARIAT, I.P. ESTATE, NEW DELHI-110002",,,

No.F.19(11)/2015-S-IV/1751-1756 Dated: 11.06.2019,,,

OFFICE MEMORANDUM,,,

Sub: Relaxation in upper age limit to the contractual employees working under Government of NCT of Delhi at the time of regular,,,

appointment on direct recruitment basis,,,

The issue with regard to suitable relaxation in upper age limit to contractual employees, as a onetime measure, in Direct Recruitment has",,,

been examined in the light of various judicial pronouncements, DOPT guidelines, the opinion of Additional Solicitor General and in",,,

consultation with Finance Department and Law Department of GNCTD.,,,

The Competent Authority is pleased to order all Head of Departments to fill-up the posts as per the recruitment rules and contractual,,,

employees hired against those posts may be given age relaxation as per the following modalities to be adopted on uniform basis for in,,,

respect of contractual employees under Government of NCT of Delhi.,,,

I. The contractual employees working against teaching posts will be eligible for one time relaxation in upper age limit upto maximum period,,,

of 5 years. The quantum of age relaxation will be subject to number of years spent in the department on contract basis provided, they have",,,

worked for at least 120 days in a particular academic year.,,,

II. The contractual employees working against all other administrative posts, will be eligible for one time relaxation in upper age limit upto",,,

maximum period of 5 years. The quantum of age relaxation will be subject to number of years spent in the department on contract basis,,,

provided, they have worked for at least 180 days in a particular year.",,,

III. The contractual employees, working at the time of applying for direct recruitment, shall only be considered eligible for relaxation in",,,

upper age limit.,,,

IV. The contractual employees would be considered eligible for relaxation in upper age limit only for the department in which they are,,,

working.,,,

V. The contractual employees, who have already availed one time age relaxation, granted by the respective department, would not be",,,

eligible under the scheme.,,,

VI. Any contractual employee, whose service was terminated due to unsatisfactory work during the contractual employment, shall be treated",,,

as ineligible for the benefit of relaxation in upper age limit.,,,

VII. The contractual employees may seek “age-relaxation certificate†from the department where they are working on contract basis.,,,

The department concerned, after examination of application, in accordance with the above modalities, shall issue the certificate by clearly",,,

indicating the quantum of age relaxation, the contractual employee is eligible for. The Certificate shall be issued under the signature and",,,

seal of HoD concerned.,,,

This issues with the approval of Competent Authority.,,,

(S.N.MISRA),,,

SPECIAL SECRETARY (SERVICES)â€​,,,

The spirit of the OM dated 11.06.2019 was again reiterated by Govt. of NCT of Delhi vide communication dated 10.07.2019 and modalities were,,,

framed as to how the said OM is to be implemented. Communication dated 10.07.2019 is reproduced hereunder:,,,

“GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI SERVICES DEPARTMENT-(BRANCH IV) DELHI,,,

SECRETARIAT 7th LEVEL, B-WING, , I.P. ESTATE, NEW DELHI-110002",,,

No.F.19(11)/2015-S-IV/2021-2025 Dated: 10/07/2019,,,

 OFFICE MEMORANDUM,,,

Sub: Relaxation in upper age limit to the contractual  employees working under Government of NCT of Delhi at the time of regular,,,

appointment on direct recruitment basis-regarding,,,

Time and again all Principal Secretaries/Secretaries/HODs have been advised to take proactive measures to fill up all the vacancies,",,,

including promotional and direct recruitment quota vacancies, by holding of DPC meetings and sending requisitions to the respective",,,

recruiting agencies, like UPSC and DSSSB.",,,

Recruitment of filing up the vacancies in a time bound manner to ensure adequate and sufficient staff against the sanctioned posts under the,,,

Government needs no further emphasis. The Services Department has recently issued policy guidelines, with the prior approval of the",,,

Competent Authority, vide OM dated 11.6.2019, to extend relaxation in upper age limit to the Contractual employees working in the",,,

Government of NCT of Delhi at the time of their regular appointments on direct recruitment basis.,,,

All departments, Boards, Corporations, PSUs/ Autonomous Bodies etc. under the Govt. of NCT of Delhi are advised to take necessary steps",,,

accordingly, inter-alia, for extending age relaxation in upper age limit to the contractual employees while filling up the vacancies on direct",,,

recruitment basis as per the Standard Operating Procedure as mentioned below:,,,

The clause of relaxation in upper age limit to the contractual employees in accordance with OM dated 11.06.2019 be invariably,,,

indicated while sending requisitions for direct recruitment quota vacancies.,,,

Further, the contents of the above referred OM dated 11.06.2019, be brought to the notice of all contractual employees working under",,,

the concerned Principal Secretaries/ Secretaries/ HODs.,,,

The contractual employees working against teaching posts will be eligible for one-time relaxation in upper age limit upto maximum period,,,

of 5 years. The quantum of age relaxation will be subject to number of years spent in the department on contract basis provided, they have",,,

worked for at least 120 days in a particular academic year.,,,

The contractual employees working against all other administrative posts, will be eligible for one-time relaxation in upper age limit upto",,,

maximum period of 5 years. The quantum of age relaxation will be subject to number of years spent in the department on contract basis,,,

provided, they have worked for at least 180 days in a particular year.",,,

The contractual employees, working at the time of applying for direct recruitment, shall only be considered eligible for relaxation in",,,

upper age limit.,,,

The contractual employees would be considered eligible for relaxation in upper age limit only for the department in which they are,,,

working.,,,

The contractual employees, who have already availed one-time age relaxation, granted by the respective department, would not be",,,

eligible under the scheme.,,,

Any contractual employee, whose service was terminated due to unsatisfactory work during their contractual employment, shall be treated",,,

as ineligible for the benefit of relaxation in upper age limit.,,,

The department concerned, after examination of application, in accordance with the above modalities, shall issue the certificate by",,,

clearly indicating the quantum of age relaxation, the contractual employee, the contractual employee is eligible for. The Certificate shall be",,,

issued under the signature and seal of HoD concerned.,,,

“Age relaxation Certificates†on the application of eligible contractual employee shall be urgently and promptly issued by the HOD,,,

concerned in accordance with modalities stipulated vide OM dated 11.6.2019, to enable the contractual employee to avail the benefit of age",,,

relaxation in recruitment/regular appointment against direct recruitment quota vacancies.,,,

All Principal Secretaries/Secretaries/HODs are advised to ensure that functioning of the department does not suffer for want of regular,,,

employees against the sanctioned strength of posts at various level in the department.,,,

This issues with approval of Competent Authority.,,,

(S.N.MISRA),,,

SPL.SECRETARY (SERVICES)â€​,,,

It is not in dispute that the petitioner is a contractual employee of respondent no. 3, i.e., Forensic Science Laboratory and he is overage as per the",,,

advertisement issued by UPSC for the post of Senior Scientific Officer (Documents) in the same department but if relaxation of 5 years is granted to,,,

him as per OM dated 11.06.2019, his candidature can be considered. The OM dated 11.06.2019 provides that, the contractual workers working",,,

against all administrative posts will be eligible for one time relaxation upto 5 years and they shall be considered for the said relaxation only in the,,,

department in which they are working. In the communication dated 10.07.2019, Govt. of NCT of Delhi has directed that while sending requisitions to",,,

the respective recruiting agencies like UPSC and DSSSB, the relaxation in upper age limit for contractual employees as per OM dated 11.06.2019 is",,,

to be indicated.,,,

In the counter affidavit filed on behalf of respondents no.2 and 3, i.e., Govt. of NCT of Delhi, the stand of the said respondents is that the said OM",,,

dated 11.06.2019 is applicable only to the contractual employees working as teachers and for contractual employees working against all other,,,

Post Code:-,57/20,Name of the Post:-,"Senior Scientific

Assistant (Documents)

,,,"Forensic Science

Laboratory

Number of vacancies:-,,(Total -04)-(UR-03 & OBC-01),

Educational qualification:-,,"Essential

:-","Master’s Degree in

Physics or Chemistry or

Forensic Science or

Computer Science with

Physics or Chemistry or

Forensic Science or

Computer Science as one of

the subject at B.Sc. level

from a recognized university

or equivalent.

OR

B.E/B.Tech. in Computer

Engineering or

MCA/M.Sc. in

Computer Science from a

recognized university or

equivalent

,,"Desirable

:-","Doctorate degree in

concerned discipline from a

recognized university or

equivalent

Experience:-,"Essential:

-","Two years experience of

analytical methods/research

therein in the relevant field.",

,Desirable:-,Nil,

Pay Scale:-,"Rs. 9300-34800+Grade Pay 4200/-

Group’B’",,

Age limit:-,"Not exceeding 30 years, Age Relaxation will be given

as per the table at para 6.

Contractual Employee of the same Department â€

Relaxation in upper age as a onetime measure up to

the actual time spent as contractual employee of the

same department, subject to a maximum of 5 years

provided they have worked for at least 180 working

days in that particular year as per Services

Department letter/circular No. F.19(11)/2015-S-

IV/1751-1756 dated 11/06/2019.",,

Dholpur House, Shahjahan Road,",,,

New Delhi.,,,

Sub: Recruitment to 80 posts of Assistant Public Prosecutors in Pay Band-2 in the Pay Scale of Rs.9300-34800 with grade pay Rs.4800/- in,,,

7th CPC pay fixed in 8th Level,,,

Sir,",,,

Kindly refer to this office earlier letter of even no. dated 05.10.2020 vide which a proposal for recruitment of 80 posts of Assistant Public,,,

Prosecutors in Pay Band-2 in the Pay Scale of Rs. 9300-34800 with grade pay Rs. 4800/- in 7th CPC pay fixed in 8th level was submitted to,,,

UPSC in Single Window System. The said post has been advertised by UPSC vide Advt. No. 02/2021.,,,

It is to mention here that the Assistant Public Prosecutors working on contract basis in Directorate of Prosecution has filed OAs before the,,,

Hon’ble CAT for relaxation in upper age limit to the contractual employees working in the GNCT of Delhi.,,,

In view of the above I am directed to forward herewith a copy of the OM No. F.19(11) 2015/S-IV/1751-1756 dated 11.06.2019 issued by,,,

the Services Department, GNCT of Delhi wherein relaxation in upper age limit to the contractual employees working under GNCT of Delhi",,,

at the time of regular appointment on direct recruitment basis has been allowed. It is requested to consider the applications of such,,,

contractual employees applying for the post of Assistant Public Prosecutors under UPSC Advt. No. 02/2021.,,,

This issues with the prior approval of Principal Secretary Home.,,,

Yours faithfully,",,,

(L.K. Gautam),,,

DY. SECRETARY (HOME)â€​,,,

In view of the above, it is clear that respondents no.2 and 3, i.e., Govt. of NCT had issued the OM dated 11.06.2019 along with directions for",,,

implementation, via order dated 10.07.2019 for providing age relaxation upto 5 years to the contractual employees of the same department where",,,

direct recruitment is to take place and there is no classification of the posts in Group “Aâ€/Group “B†or Group “C†in the said OM dated,,,

11.06.2019 and this age relaxation has been provided across the board in recruitment through DSSSB as well as UPSC, which is evident from",,,

recruitment advertisement to the post of Senior Scientific Assistant (Documents) issued by DSSSB and the letter dated 05.02.2021 written by Govt. of,,,

NCT of Delhi to UPSC in respect of recruitment to the post of Assistant Public Prosecutors.,,,

In view of the above, the order dated 07.08.2020 passed in OA No. 975/2020 is hereby set aside. Respondent no.1 is directed to extend the benefit",,,

of relaxation in age limit upto 5 years to the petitioner while considering his application for the post of Senior Scientific Officer (Documents) vide,,,

advertisement no. 07/2020, issued through UPSC, and he be allowed to participate in the selection process, subject to fulfillment of other conditions",,,

laid down qua the subject post.,,,

The writ petition is disposed of with these directions. Consequently, pending application shall also stand closed.",,,