Saturday, March 9, 2024

Age relaxation for appointment on the post of Assistant Teacher (Nursery) in MCD - Interim relief granted to contractual teachers of MCD

Central Administrative Tribunal, Delhi

02.02.2024

 

Age relaxation for appointment on the post of Assistant Teacher (Nursery) in MCD - Interim relief granted to contractual teachers of MCD

 

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. However, further 5 years age relaxation is provided for the contractual teachers working in the MCD.

 

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 vide Order dated 02.02.2024 granted interim relief. Directive paragraphs of the Order dated 02.02.2024 are reproduced below for ready reference: -

 

“7. We have considered the submissions made by the learned counsels for the parties.

 

8. In the facts and circumstances of the case and keeping in view the law laid down by the Hon’ble Apex Court in the case of Delhi University (Supra), as an interim measure, respondents are directed to consider the applicants’ candidature provisionally in order to enable them to participate in the selection process pursuant to the advertisement no. 8/2023 for the post of Assistant Teacher (Nursery), (Post code 817/23), if the applicants submit the requisite applications/documents in this regard, otherwise complete in all other aspects. It is clarified that such participation of the applicants, shall not bestow upon them any enforceable right to claim appointment to the said post and their candidature shall be subject to the final outcome of the present O.A.

 

https://advocateanujaggarwal.com/home.php

 

https://advocateanujaggarwal.com/advocateadmin/img/Finalist/2024030917099916262024%20CAT%20Order.pdf

 

 

 

[Pinki Maurya & Ors. Vs. DSSSB & Ors., OA No. 198/2024, date of Order – 02.02.2024, Central Administraive Tribunal, Principal Bench, New Delhi]

 

Anuj Aggarwal

Advocate

D-26/A, First Floor, Jangpura Extension,

New Delhi - 110014

 

483, Block-2, Lawyers Chambers,

Delhi High Court, New Delhi-110003

Mobile – 9891403206

Landline – 011 - 35554905

Email – anujaggarwal1984@gmail.com

No comments:

Post a Comment