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CASE NO.: Appeal (civil)  4247-4248 of 2001

PETITIONER: Union of India

RESPONDENT: Dr. Jai Dev Wig & Ors

DATE OF JUDGMENT: 30/10/2007

BENCH: H.K. Sema & Lokeshwar Singh Panta

JUDGMENT: JUDGMENT

O R D E R CIVIL APPEAL NOS.4247-4248 OF 2001

       Heard Mr. T.S. Doabia, learned senior counsel for the  Union of India, and Ms. Kamini Jaiswal, learned counsel  appearing for the Union Territory of Chandigarh.  None  appears on behalf of the principal respondents-Dr. Jai Dev  Wig and Dr. M.S. Sekhon.         The challenge in these appeals is to the orders dated  7.8.1998 in CWP No. 12360-C/1998 and 8.7.1999 in CWP  6169-C/1998 passed by the High Court of Punjab and  Haryana at Chandigarh.         Despite receipt of notice, principal respondents-Dr. Jai  Dev Wig and Dr. M.S. Sekhon are not represented either by  themselves or by a counsel.  It was contended that by this  time they might have retired from service.         Briefly stated the facts are as follows:         The respondent-Dr. Jai Dev Wig was working as  Additional Professor, Department of Surgery, Post Graduate  Institute of Medical Education and Research, Chandigarh.   The Government of India, Ministry of Home Affairs,  Department of Personnel & A.R., issued an Office  Memorandum dated 9.4.1981 on the subject of relaxation of  upper age limit for departmental candidates in Government  departments giving relaxation of a maximum of 5 years in the  upper age limit for recruitment to other Group \021A\022 or Group \021B\022  posts through an advertisement by the Commission.  The  respondent-Dr. Jai Dev Wig filed an application before the  Central Administrative Tribunal claiming benefit of age  relaxation provided to the Government servants in terms of the  aforesaid office memorandum.  The Tribunal allowed the  application.         Aggrieved thereby, the Union Public Service Commission  filed a writ petition before the High Court as aforesaid.  By the  said order the High Court was of the view that the post held by  the principal respondent was akin to the Government servant  and, therefore, he is entitled to the relaxation.  The High Court  was, however, of the view that the provisions of Article 311 of  the Constitution of India do not apply to the employees of the  Institute.  Before the High Court, it was the case of the  Commission that Dr. Wig was overage as on the cut-off-date  and he being not in Government service was not eligible for  the benefit of relaxation.  The said contention was repelled by  the High Court holding Dr. Jai Dev Wig entitled to the  relaxation at par with the Government servants.         It is not in dispute that the Post Graduate Institute in  which respondents-Dr. Jai Dev Wig and Dr. M.S. Sekhon were

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serving is a creation by an Act of Parliament and as such it is  an autonomous body.  However, the services of the  respondents were not covered by the proviso to Article 309 of  the Constitution.  Article 311, as held by the High Court, was  also not attracted in their case.  Therefore, in our considered  opinion it cannot be held that the respondents are  Government servants.  The benefit of Office Memorandum  dated 9th April, 1981 giving relaxation of upper age limit for  departmental candidates for appointment to Group \021A\022 and  Group \021B\022 posts cannot be legally extended to the service  conditions of Dr. Jai Dev Wig and Dr. M.S. Sekhon.         Thus, the contrary view taken by the High Court holding  both the respondents entitled for benefit of relaxation in terms  of the aforesaid Office Memorandum is erroneous and cannot  be sustained.  The appeals are allowed in the aforesaid terms.   The orders of the High Court as well as the order of the  Tribunal granting benefit to the respondents shall stand set  aside.  We may clarify that in the meantime if any benefit of  the order of relaxation has been given to Dr. Jai Dev Wig and  Dr. M.S. Sekhon by the concerned authority, such benefit  shall not be withdrawn from them.   No order as to costs.