Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1488-91 OF 2008
(Arising out of SLP (Civil) Nos.1344-1347 of 2006)
D.D. 21.02.2008
CJI K. G. Balakrishnan & R. V. Raveendran & J. M. Panchal, J.J.
Union Public Service Commission ... Petitioner
Vs.
Dr. Pankaj Kumar & Ors etc. etc … Respondents
With
SLP (Civil) No.26430 of 2005
Dr. Pradeep Kumar Goswami … Petitioner
Vs.
The Govt. of NCT of Delhi & Ors. … Respondents
Age Relaxation:
Whether a contract employee is entitled to age relaxation? – No
The respondents who are working as Medical Officers (Ayurvedic/Unani) on contract basis
challenged the advertisement for recruitment to the post of Medical Officers (Ayurvedic/Unani) issued
by UPSC (Appellant) before CAT and sought regularization of their service – CAT dismissed their
application as per order dated 10.12.2002 – The said order was challenged before High Court and
High Court as per judgment dated 11.8.2005 affirmed the decision of CAT that the respondents were
not entitled to regularization – However in view of the submission of Additional Solicitor General that
the contract employees will be entitled to age relaxation against the vacancies notified the High Court
directed that the respondents shall be granted age relaxation for the period they have worked as
contract employees – The said decision was challenged by UPSC before the Supreme Court – The
Supreme Court following its earlier decision in 2006 (02) SCC 482 – U.P.S.C. vs Girish Jayanti Lal
Vaghela and 2006 (4) SCC 1 – Secretary, State of Karnataka vs. Umadevi wherein it has been held
that contract employees are not Government servants and therefore, they are not entitled to age
relaxation has up held the orders of the Tribunal and the High Court.
Held:
Union Public Service Commission
Contract employees are not Government servants and therefore, they are not entitled to age
relaxation.
Cases referred:
1) 2006 (2) SCC 482 - Union Public Service Commission vs. Girish Jayanti Lal Vaghela
2) 2006 (4) SCC 1 - Secretary, State of Karnataka vs. Umadevi
ORDER
Leave granted. These appeals arise from a common judgment dated 11.8.2005 passed by the
High Court of Delhi in CWP Nos.8218/2003, 619/2003, 620/2003 and 784/2003. UPSC is aggrieved
by the said judgment to the extent it directs extension of benefit of age relaxation to the respondents.