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
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