Tuesday, January 23, 2024

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

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]

 

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Anuj Aggarwal

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