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2016 (2) TMI 1227 - SC - Indian LawsAppointment for the post of Deputy Superintendent of Police - Though, the Appellant herein had participated in the selection process and she not only qualified at each stage of the examination process, her name was still not included in the list of successful candidates for the said post. HELD THAT:- The Appellant was entitled to age relaxation as per Rule 4 of Rules, 1997 read with State Services Examination, 2003. She was, therefore, eligible to be considered for the post of Dy. S.P. The facts narrated above reveal that she participated in the selection process and in the merit list prepared, she was placed at Serial No. 54. Persons below her in the merit list have been appointed. She was excluded only because of alleged age bar since we find that this impediment would not come in her way, the present appeal warrants to be allowed. The direction is issued to the Respondents to appoint the Appellant as Dy. S.P. w.e.f. the date her juniors in the merit list, namely, Tarkeshwar Patel and Ranu Sahu are appointed. Her seniority and pay shall be fixed on that basis. However, she will not be allowed to make any claim for salary for the intervening period otherwise the intervening period shall count for all other purposes. Appeal allowed.
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