23.01.2024
Central Administrative Tribunal
Appointment
on the post of Assistant Teacher (Nursery) in MCD - Whether Contractual
Teachers of MCD are entitled to age relaxation up to the number of years they
have worked on contractual basis? – CAT sought reply from MCD as well as DSSSB –
Next date of hearing is 02.02.2024
Vide
Advertisement dated 22.12.2023, DSSSB has invited applications for appointment
on the post of Assistant Teacher (Nursery) (Female) (Post Code 817/23). Total 1,261
vacancies of Assistant Teacher (Nursery) (Female) have been advertised. Upper
age limit for appointment, as stipulated by DSSSB in the Advertisement, is 30
years and 5 years further age relaxation is provided for the contractual
teachers.
Pinki
Maurya & 8 others are working as contractual teachers with MCD for last
several years (period ranging from 13 years to 21 years). Despite availing 5
years age relaxation, they are still overage and, therefore, cannot apply for appointment
on the post of Assistant Teacher (Nursery) (Female).
Last
advertisement for appointment on the post of Assistant Teacher (Nursery)
(Female) in MCD was issued on 12.07.2010. In other words, after 13 years
DSSSB/MCD has issued the advertisement dated 22.12.2023 for direct appointment
on the post of Assistant Teacher (Nursery) (Female).
Since
Pinki Maurya & 8 other became overaged in terms of the advertisement dated
22.12.2023, they filed an Original Application (OA No. 198 of 2024) before the
Central Administrative Tribunal (CAT), Principal Bench, New Delhi.
Counsel
for Pinki Maurya & Ors. contended before CAT that the applicants are
entitled to age relaxation up to the number of years they have worked as
contractual teachers with the MCD and limiting the age relaxation to 5 years is
illegal. It was also submitted that last advertisement was issued 13 years back
and the applicants before the Tribunal have not availed the benefit of age
relaxation even once in their entire service period with MCD. Applicants also
prayed for interim relief that a direction be issued to the DSSSB to accept the
application forms of the applicants and allow them to appear in the
examination.
Considering
the submissions made by the applicants, CAT issued notice to DSSSB and MCD and
directed them to file there replies to the Original Applications. The matter
has been fixed for deciding the interim relief on 02.02.2024.
[Pinki
Maurya & Ors. Vs. DSSSB & Ors., OA No. 198/2024, date of Order –
23.01.2024, Central Administraive Tribunal, Principal Bench, New Delhi]
https://advocateanujaggarwal.com/home.php
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