The Hindu : Tamil Nadu News : Madras High Court upholds Central Administrative Tribunal’s order quashing Railway Board orders

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Tamil Nadu

Madras High Court upholds Central Administrative Tribunal’s order quashing Railway Board orders

K.T.Sangameswaran

CHENNAI: The Madras High Court has upheld an order of the Central Administrative Tribunal (CAT) quashing the orders of the Railway Board of 2006 by which the upper age limit of 38 years, plus training period, was applied to all class of candidates, irrespective of their categorisation as OC, OBC, SC and ST, for appointment to the post of Substitute Helper Grade II. In its order dismissing petitions filed by the Railways challenging the CAT order, a Division Bench, comprising Justices Elipe Dharma Rao and T.S.Sivagnanam, said the board’s decision was contrary to law and well established rules of reservation. It violated Articles 14 and 16 of the Constitution.

The court said that by the uniform application of upper age limit, OC candidates gained the full advantage of five years since their upper age limit under the original recruitment rules was 33 years. The OBC candidates gained two years as originally their age limit was 36 years. Candidates belonging to SC and ST derived no benefit as even as per the original recruitment rules, their upper age limit was 38 years. Whatever be the board’s decision, either policy-decision or otherwise, it should satisfy the tests of reasonableness and fairness. If the decision was in breach of constitutional principles of equality, fairness and arbitrariness, it was always subject to judicial review.

The Bench said the impugned orders were liable to be quashed and that the tribunal was right in doing so.

Earlier, M. Raja and four others – four belonging to SC and one to OBC – who are certificate holders of Course Completed Act Apprenticeship applied for the post of Substitute Helper Grade II. Their applications were not considered as they were found to be overage.

They represented to the authorities. The Railways issued the impugned orders. However, no age relaxation was granted to SC/ST candidates. They filed applications before the CAT, which quashed the impugned orders and directed the board to review the age relaxation given for SC/ST and OBC candidates and issue necessary revised guidelines. Aggrieved, the Railways filed the writ petitions.

The Bench directed the board to consider afresh the case of the five applicants and appoint them from March 31, 2007, the date on which the tribunal order was passed, if they were otherwise eligible. However, they were not entitled to any monetary benefits on the principle of “no work, no pay”, but they were entitled to all other service benefits.

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