LexTHE ELECTRONIC CORPORATION OF INDIA LTD. AND ANR. versus M. SHIVANI AND ANR.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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THE ELECTRONIC CORPORATION OF INDIA LTD.
AND ANR.
v.
M. SHIVANI AND ANR.
(Civil Appeal No. 2560 of 2019)
MARCH 08, 2019
[UDAY UMESH LALIT AND INDU MALHOTRA, JJ.]
Service Law:
Appointment/Recruitment – Age-relaxation for recruitment –
Granted to those who had worked or working with the employer
Corporation – Entitlement to such relaxation to the employees
(respondents) who were working with the employer-Corporation
through an outsourcing agency – Held: In view of the terms of the
advertisement for the recruitment, the respondents were not entitled
to the age relaxation.
Allowing the appeal, the Court
HELD: The record indicates that the respondents were
engaged through an outsourcing agency. Going by the terms of
the advertisement, the respondents were not entitled to have
any age relaxation. The advertisement was issued on 19.12.2017
and the last date for submission of applications was 05.01.2018.
Challenge itself was raised by the respondents by filing Writ
Petition on 02.01.2018. The Single Judge of the High Court was,
therefore, right and justified in rejecting the challenge. By the
time the matter came up before the Division Bench, the period
was already over. The Division Bench did not consider the
submissions whether the respondents could, as a matter of right,
claim relaxation in age limit. The assessment made by the Division
Bench was completely incorrect. [Paras 8, 9] [527-F-G; 528-A]
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2560
of 2019.
From the Judgment and Order dated 08.03.2018 of the High Court
of Judicature at Hyderabad for the State of Telangana and the State of
Andhra Pradesh in Writ Appeal No. 94 of 2018.
[2019] 3 S.C.R. 523
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SUPREME COURT REPORTS
[2019] 3 S.C.R.
Annam D. N. Rao, A. Venkatesh, Rahul Mishra, Advs. for the
Appellants.
The Judgment of the Court was delivered by
UDAY UMESH LALIT, J. 1. This appeal challenges the
correctness of the judgment and order dated 08.03.2018 passed by the
High Court of Judicature at Hyderabad for the State of Telangana and
the State of Andhra Pradesh in Writ Appeal No.94 of 2018.
2. The matter arises out of Writ Petition No.382 of 2018 filed by
the Respondents in the High Court submitting inter alia that they had
been working with the Appellant-Corporation through an outsourcing
agency since 2010; that they had passed ITI and completed National
Apprenticeship Certificate in the Appellant-Corporation itself; that the
Appellant had issued Notification No.38 of 2017 for recruitment to the
posts of Tradesman-B (WG-III) in different trades; that the upper age
limit was prescribed as 28 years as on 30.11.2017; that there was
relaxation in the age limit upto 40 years for those who had worked or
were working with the Appellant-Corporation as Senior Artisan/Junior
Artisan with ITI qualification plus NAC or ITI qualification plus
experience of tenure based contract. It was the submission of the
Respondents that they were seeking similar extension of benefit of age
relaxation as they had worked through an outsourcing agency.
3. In the affidavit-in-reply by the Appellant-Corporation it was
stated that 3064 applications were received pursuant to the Notification
to fill up 40 posts and that the request of the Respondents could not be
considered as it would have had a cascading effect as many similarly
situated candidates, who had been working through outsourcing agencies,
may claim similar relaxation.
4. The advertisement in question was issued on 19.12.2017 and
the last date for filling up applications online was 05.01.2018. The age
limit as prescribed in the advertisement was 28 years for unreserved
candidates but the age limit could be relaxed upto 40 years as stated
above. The aforesaid Writ Petition was filed by the Respondents on
02.01.2018 and was dismissed by the Single Judge of the High Court on
04.01.2018 with following observations:-
“It is the case of the petitioners that they have been working
with the first respondent Corporation through an outsourcing
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agency since 2010. They passed ITI and completed National
Apprenticeship Certificate (Electronic Mechanical Trade) in ECIL
only. While so, the second respondent issued Notification No. 38
of 2017 for the recruitment to the post of Tradesman-B (WG-III)
in different Trades. The last date for submission of applications
through online is 05.01.2018. The upper age limited prescribed is
28 years as on 30.11.2017. However, the rExcerpt shown. Read the full judgment & AI analysis in Lexace.