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Civil · Reportable judgment

The Electronic Corporation of India Ltd. and Anr. vs M. Shivani and Anr.

Court
Supreme Court of India
Date
8 March 2019
Case No.
Civil Appeal No. 2560 of 2019
Result
Allowed
Bench
Uday Umesh Lalit, Indu Malhotra
Citation
[2019] 3 S.C.R. 523 : 2019 INSC 338
Supreme Court Reports [2019] 3 S.C.R. 523 : 2019 INSC 338
Headnote

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]

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

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 Appe
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