R.Shakthi Priya v. Union Of India And ORS

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] ...

WP.CT/4/2024 R. Shakthi Priya Vs.

The Union of India and others Mr. Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the Administration January 30, 2024 [SR] Item No.4 The judgment and order dated October 18, 2023 passed by the Central Administrative Tribunal (For short "The Tribunal") is under challenge in this application under Article 226 of the Constitution of India at the instance of the original applicant in OA/351/01020/2023/AN.

The petitioner was empanelled as a Guest Faculty in Commerce in Tagore Government College. Pursuant to a vacancy notice dated May 10, 2023 issued by the 6th respondent for filling up the post of Post Graduate Teacher including two posts of Post Graduate Teacher in Commerce, the petitioner applied for the post of Post Graduate Teacher in Commerce.

The petitioner's candidature was initially rejected by the authorities on two-fold grounds:-

(1) That the petitioner is over aged, and;

(2) That she is entitled to 0.1 marks for every completed month of service on the ground of experience. The petitioner approached the Tribunal challenging the action of the authorities in not according age relaxation in terms of the circular dated September 19, 2011 issued by the Andaman and Nicobar Administration.

The Tribunal by the impugned judgment and order directed the respondents-Administration to consider granting relaxation in age to the applicant in terms of the provisions contained in the circular dated September 19, 2011. Challenging the said order, the petitioner has approached this Court.

Mr. Kumar, learned counsel representing the petitioner submits that since the authorities were directed to grant age relaxation in terms of the circular dated September 19, 2011, the Administration should also be directed to award the marks on experience upon considering the petitioner to have rendered her service on full time basis. Mr. Kumar placed reliance upon a certificate dated 24th May 2023 issued by the Principal of Tagore Government College in support of his

contention that the petitioner rendered service on full time basis.

Mr. Chakaraborty, learned counsel representing the Andaman Administration submits that such issue was not raised before the Tribunal and therefore, this Court cannot decide such issue as the same involves adjudication of the disputed questions of fact.

Heard the learned advocates for the parties and perused the materials placed.

After going through the materials on records, this Court finds that the petitioner was empanelled as Guest Faculty from time to time. From the Office Order No.145 dated August 02, 2022 which is appearing at page 70 of the writ petition, this Court finds that the empanelled Guest Faculties were entitled to honorarium @ Rs.1000/- per lecture with a ceiling of Rs.25,000/- per month.

From the vacancy notice dated May 10, 2023, at clause 9 thereof, it appears that Experience marks will be calculated as 0.2 marks per month for full time basis and 0.1 marks for part time basis for services rendered in Government/recognized school/Government recognized college on the basis of the certificates issued by the head of the respective institution. The entitlement of the petitioner to be awarded marks on experience shall depend upon whether the petitioner's engagement was for full time basis or part-time basis. Decision on such issue involves adjudication of mixed questions of law and fact. This Court cannot decide such issue more particularly because such issue was not raised before the learned Tribunal.

That apart since the Tribunal has granted full relief in favour of the petitioner, the petitioner cannot be said to be a person aggrieved in order to maintain this writ petition. For such reason, this Court is not inclined to grant any final relief in favour of the petitioner.

WP.CT/4/2024 stands disposed of giving liberty to the petitioner to work out his remedies in the manner known to law.

Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Moushumi Bhattacharya, J. ) ( Hiranmay Bhattacharyya, J. )