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2007 (4) TMI 759

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..... on or about 21.3.1995 relaxing upper age limit of the retrenched census employees for appointment under the State. The said circular letter related to 147 retrenched employees of the census organization. Principally relaxation of age for appointment in the State Service was contemplated thereby stating; Now after careful consideration in pursuance of Rule 52 of OSC Government have been pleased to decide that in relaxation of upper age limit prescribed under Rule 52A ibid shall be applicable to these 147 retrenched Census Employees of Census Organisations in Orissa as indicated below: i) The age limit for entry into any post under any rule relating recruitment may be relaxed in the above cases. Relaxation in age may be granted equal to the .....

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..... the post after they were retrenched. In the absence of any such intimation, it was not possible for the applicants and others to know about the vacancy position and to make any application for appointment. As it appears from the resolution that it was the duty of various departments of the State Government to take suo motu initiative to appoint such retrenched candidates. No obligation was cast on these retrenched candidates. No obligation was cast on these retrenched candidates to apply for the posts. It is submitted that in the meantime hundred of posts fell vacant in the Government departments including in the District Offices and Sub- Divisional Offices. If that is so we are of the view that the present attitude taken by the authorities .....

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..... ipt of a copy of this order irrespective of their present age subject to the condition that none of them is aged more than 50 years. 4. Although a large number of employees were said to have been appointed pursuant to the said policy decision, respondent herein was again appointed in the census organization on or about 7.2.2001. Apprehending that his services may be terminated, he approached the Orissa Administrative Tribunal and by an interim order dated 17.4.2001, a direction was issued that his services should not be terminated without the leave of the Tribunal. 5. As despite the said interim order, his services were allegedly terminated on 1.6.2001, he filed an application for contempt, whereupon a contempt proceedings was initiated. By .....

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..... of the applicant for his permanent absorption against any of the vacancies of junior clerk under the respondent No. 3 if his case is covered with the conditions mentioned in Annexure-2 & 5 and this exercise shall be completed within six months from the date of receipt of a copy of this order and communicate the order to the applicant with the said period. 8. A Writ Petition filed before the High Court by the appellant against the said Order of the Tribunal has been dismissed by the High Court by reason of the impugned judgment. 9. Submission of Mr. Janaranjan Das, learned Counsel appearing on behalf of the appellant in support of the appeal, is that the Tribunal and consequently the High Court committed a manifest error in treating the .....

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..... ed policy decision issued by way of an executive instruction cannot override the statute or statutory rules far less the constitutional provisions. In A. Umarani v. Registrar, Cooperative Societies and Ors. (2004)IIILLJ780SC , this Court has held; 45. No regularisation is, thus, permissible in exercise of the statutory power conferred under Article 162 of the Constitution if the appointments have been made in contravention of the statutory rules. 14. The circular letter dated 21.3.1995 even does not purport to lay a policy decision relating to regularisation or absorption of the census employees. It only provided for relaxation of age. Such relaxation was also subject to strict compliance of the recruitment rules. If by reason of some misco .....

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..... Ors. 2007(4)SCALE1 18. We may notice that in a large number of decisions, Umadevi (supra) has been followed by this Court. e.g. State of U.P. and Ors. v. Desh Raj 2006CriLJ2108 , Punjab Water Supply & Sewerage Board v. Ranjodh Singh and Ors. (2007)2LLJ1052SC and National Institute of Technology and Ors. v. Niraj Kumar Singh (2007)IILLJ23SC , Punjab State Warehousing Corporation Chandigarh v. Manmohan Singh and Anr. (2007)2LLJ519SC . Furthermore, a direction to grant relaxation in respect of the age must also receive strict compliance of other conditions specified therein. See Kendriya Vidyalaya Sangathan and Ors. v. Sajal Kumar Roy and Ors. 19. It may be that some other persons similarly situated have been appointed. But Article 14 as .....

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