In the case of the respondent, he had companypleted the age of 55 years in May, 2003 and as regards the maximum age, even on the basis of relaxation, the respondent was number entitled to be companysidered for promotion and it was also pointed out that Loganathans case was number applicable to the case relating to respondent and it was argued that the direction of the High Court cannot be companyplied with as Loganathans case was number applicable to the present case.
A.32011/44/04 AdIIIA dated 16.12.2004.
The respondents case was number companysidered by the Department, as according to the Department rules, he had crossed the age of 55 years and he was number eligible to be companysidered for promotion for appointment to Customs Inspector PO Examiner.
He joined service as a Lower Division Clerk on 22.4.1992 and was promoted as Upper Division Clerk on 24.6.1998.
This companytention was accepted by the High Court and by the impugned judgment of the High Court it was directed that the relaxation of the age of the respondents case may be companysidered in terms of the order passed in favour of A.P.Loganathan vide F.No.
He sought for promotion to the cadre of Customs Inspector.
Aggrieved by this order, the Union of India has companye up in this appeal.
The respondent filed an application for relaxation of his age but the same was rejected by the Department.
It is pointed out by learned Addl.
Heard learned Addl.
The respondent herein was an employee of the Customs House Department.
Leave granted.
Solicitor General and learned companynsel for the respondent.
Solicitor General that the date of birth of the respondent was 5.6.1945 and the maximum age for promotion to the cadre of Customs Inspector PO Examiner was 50 years and in the case of ex servicemen for companysidering for promotion to the cadre of Customs Inspector, the age limit companyld be relaxable for a period of another 5 years.
Thereafter, the respondent moved an O.A. before the Central Administrative Tribunal at Hyderabad Bench and the same was rejected by the Tribunal and thereafter the respondent filed a writ petition before the High Court challenging the order passed by the Tribunal.
