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TMI Blog2007 (4) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... e keeping in view exigencies of work. The State of Orissa issued a circular letter on or about 21.3.1995 relaxing upper age limit of the retrenched census employees for appointment under the State. The said circular letter related to 147 retrenched employees of the census organization. Principally relaxation of age for appointment in the State Service was contemplated thereby stating; Now after careful consideration in pursuance of Rule 52 of OSC Government have been pleased to decide that in relaxation of upper age limit prescribed under Rule 52A ibid shall be applicable to these 147 retrenched Census Employees of Census Organisations in Orissa as indicated below: i) The age limit for entry into any post under any rule relating recruit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y nor were they called to any selection test by any governmental authority for recruitment to the post after they were retrenched. In the absence of any such intimation, it was not possible for the applicants and others to know about the vacancy position and to make any application for appointment. As it appears from the resolution that it was the duty of various departments of the State Government to take suo motu initiative to appoint such retrenched candidates. No obligation was cast on these retrenched candidates. No obligation was cast on these retrenched candidates to apply for the posts. It is submitted that in the meantime hundred of posts fell vacant in the Government departments including in the District Offices and Sub- Divisiona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ass - III. This exercise should be completed within a period of 6 months from the date of receipt of a copy of this order irrespective of their present age subject to the condition that none of them is aged more than 50 years. 4. Although a large number of employees were said to have been appointed pursuant to the said policy decision, respondent herein was again appointed in the census organization on or about 7.2.2001. Apprehending that his services may be terminated, he approached the Orissa Administrative Tribunal and by an interim order dated 17.4.2001, a direction was issued that his services should not be terminated without the leave of the Tribunal. 5. As despite the said interim order, his services were allegedly terminated on 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5, we dispose of the Original Application with a direction to the respondents to consider the case of the applicant for his permanent absorption against any of the vacancies of junior clerk under the respondent No. 3 if his case is covered with the conditions mentioned in Annexure-2 & 5 and this exercise shall be completed within six months from the date of receipt of a copy of this order and communicate the order to the applicant with the said period. 8. A Writ Petition filed before the High Court by the appellant against the said Order of the Tribunal has been dismissed by the High Court by reason of the impugned judgment. 9. Submission of Mr. Janaranjan Das, learned Counsel appearing on behalf of the appellant in support of the appeal, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rms of a legislative act or the proviso appended to Article 309 of the Constitution of India. A purported policy decision issued by way of an executive instruction cannot override the statute or statutory rules far less the constitutional provisions. In A. Umarani v. Registrar, Cooperative Societies and Ors. (2004)IIILLJ780SC , this Court has held; 45. No regularisation is, thus, permissible in exercise of the statutory power conferred under Article 162 of the Constitution if the appointments have been made in contravention of the statutory rules. 14. The circular letter dated 21.3.1995 even does not purport to lay a policy decision relating to regularisation or absorption of the census employees. It only provided for relaxation of age ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tutional provisions would be a nullity. See also Gurbachan Lal v. Regional Engineering College, Kurukshetra and Ors. 2007(4)SCALE1 18. We may notice that in a large number of decisions, Umadevi (supra) has been followed by this Court. e.g. State of U.P. and Ors. v. Desh Raj 2006CriLJ2108 , Punjab Water Supply & Sewerage Board v. Ranjodh Singh and Ors. (2007)2LLJ1052SC and National Institute of Technology and Ors. v. Niraj Kumar Singh (2007)IILLJ23SC , Punjab State Warehousing Corporation Chandigarh v. Manmohan Singh and Anr. (2007)2LLJ519SC . Furthermore, a direction to grant relaxation in respect of the age must also receive strict compliance of other conditions specified therein. See Kendriya Vidyalaya Sangathan and Ors. v. Sajal Kuma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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