2010 (9) TMI 77 - HC - Central Excise

Promotion - The respondent no. 2 was promoted to the post of inspector, Central Excise after attaining the age of 50 which age was prescribed as maximum for qualifying the written test for the post. The promotion was challanged in the court on the basis of over age. The tribunal and the court confirmed the promotion as the respondent was not over-age at the time of written test.

Summary

Issues: Interpretation of age limit for promotion to the post of Inspector in Central Excise Department.

The judgment involves a petition filed under Article 226 of the Constitution challenging an order by the Central Administrative Tribunal regarding the age eligibility for promotion to the post of Inspector in the Central Excise Department. The Tribunal interpreted Note-2 and Note-5 of the Central Excise and Land Customs Department Inspector Recruitment Rules, 2002. Note-2 specifies the maximum age limit for the written test, while Note-5 was interpreted with reference to a case where a candidate, Shri Angad Kumar, was over 50 years on the crucial date for eligibility determination. The Tribunal concluded that the age limit was only applicable for the written test, not for promotion consideration.

Upon review, the High Court found no legal flaw in the Tribunal's order and upheld the interpretation. The Court agreed with the Tribunal's reasoning, citing the example of Shri Angad Kumar to support the view that the age limit was not a bar for promotion consideration. The Court dismissed the writ petition, affirming the Tribunal's decision and the department's interpretation of the rules in question.