R.Kiliambal, v. The Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-07-2025
CORAM
THE HONOURABLE MR.JUSTICE K. SURENDER WP No. 32039 of 2016 R.Kiliambal, W/o.K.Rajaraman, No.1, Cuddalore Road, Krishna Nagar, Thirubuvanai, Palayam Village, Puducherry-605 107.
Petitioner(s) Vs 1.The Union of India, Rep. by the Secretary To Government, Transport Department, Govt. of Union territory of Puducherry, Puducherry.
2. Puducherry Road Transport Corporation Ltd., Rep. by its Managing Director, Puducherry.
3. The General Manager - CumCompany Secretary, Puducherry Road Transport Corporation Ltd., Puducherry.
Respondent(s) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records on the file of the third respondent relating to the impugned orders dated 19.08.2016 bearing File no.350/PRTC/Legal/13-14/1383 and quash the same and consequently, direct the respondents to treat the petitioner as within the age limit and include her in selection process pursuant to the notification of the respondent dated 31.07.2013 bearing reference no.Nil, 1/5
and appoint her as Conductor in accordance with law. For Petitioner : Mr.T.Saikrishnan for M/s.Sai Bharath and Ilan For Respondents : Mr.A.Tamilvanan, AGP(Pondy) for R1 Mr.R.Sreedhar, St.counsel for R2 & 3
ORDER
This Writ Petition has been filed seeking for issuance of a Certiorarified Mandamus, to call for the records on the file of the third respondent relating to the impugned orders dated 19.08.2016 bearing File no.350/PRTC/Legal/13-14/1383 and quash the same and consequently, direct the respondents to treat the petitioner as within the age limit and include her in selection process pursuant to the notification of the respondent dated 31.07.2013 bearing reference no.Nil, and appoint her as Conductor in accordance with law.
2. The facts of the case are that the respondent Corporation officially notified for selection of Drivers and Conductors. The said notification was set aside at the intervention of the Lieutenant-Governor, Puducherry. 2/5
Subsequently, there was an another notification dated 19.09.2013, calling for the candidates to apply for the posts of Drivers and Conductors. The petitioner applied for the post of Conductor. As on the date of application, the age of the petitioner was 38 years. The application of the petitioner was rejected on the ground that she was over aged since the relaxation can only be upto 37 (32+5) years for meritorious sports person. The said application was rejected since she was 38 years as on the date of the application. 3.The learned counsel for the petitioner would submit that she is not only a meritorious sports person but also OBC candidate. The relaxation of the age for the meritorious sports person is 5 years and for OBC, it is 3 years. In the said circumstances, the relaxation of the age would be 8 years in total.
4.The said contention of the learned counsel for the petitioner cannot be accepted. The relaxation of age in any given criteria would only be added to the minimum age and if there are several criterias which, provides for relaxation of age, each relaxation criteria cannot be added up. In this 3/5
case of criteria of a sports person, 5 years of age relaxation can be added to her age. Since her age was 38 years as on the date of application, the three year relaxation for OBC category cannot be added to 37 years and make it 41 years. The respondent had rightly rejected the application on the ground of over age, which cannot be interfered with. 5.Accordingly, this Writ Petition is dismissed as devoid of merits. No costs.
(K.SURENDER,J) dn Index : Yes/No Speaking order:Yes/No To 1.The Union of India, Rep. by the Secretary To Government, Transport Department, Govt. of Union territory of Puducherry, Puducherry.
2. Puducherry Road Transport Corporation Ltd., Rep. by its Managing Director, Puducherry.
3. The General Manager - CumCompany Secretary, Puducherry Road Transport Corporation Ltd., Puducherry.
4/5
K. SURENDER , J dn Writ Petition No.32039 of 2016 29.07.2025 5/5