1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.4262 OF 2008 (@ SLP(C) NO.21012 OF 2005)

UNION OF INDIA AND ANR.                         Appellant(s)

                       VERSUS

T.UDHISTIRO                                     Respondent(s)

O R D E R

Leave granted.

The  respondent  herein  was  an  employee  of  the  Customs

House/Department.  He  joined  service  as  a  Lower  Division  Clerk  on

22.4.1992 and was promoted  as Upper  Division  Clerk on 24.6.1998.  He

sought for promotion to the cadre of Customs Inspector.  The respondent's

case was not considered by the Department, as according to the Department

rules,  he had crossed the age of 55 years and he was not eligible to be

considered  for  promotion  for  appointment  to  Customs  Inspector/PO

Examiner. The respondent filed an application for relaxation of his age but

the  same  was  rejected  by  the  Department.   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.  The respondent pointed out before the High Court

that  the  department  had,  under  similar  circumstances,  in  the  case  of

A.P.Loganathan, another employee, had relaxed the age for promotion and

2

the respondent's  case also should have been considered in terms of the

relaxation  order  passed  in  A.P.Loganathan's  case.   This  contention  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 respondent's case

may be considered in terms of the order passed in favour of A.P.Loganathan

vide  F.No.A.32011/44/04-AdIIIA  dated  16.12.2004.   Aggrieved  by  this

order, the Union of India has come up in this appeal.

Heard learned Addl.Solicitor General and learned counsel for the

respondent.

It is pointed out by learned Addl.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 considering for promotion to the cadre of

Customs Inspector, the age limit could be relaxable for a period of another 5

years. In the case of the respondent, he had completed the age of 55 years

in  May,  2003  and  as  regards  the  maximum  age,  even  on  the  basis  of

relaxation, the respondent was not entitled to be considered for promotion

and it was also pointed out that Loganathan's case was not applicable to the

case relating to respondent and it was argued that the direction of the High

Court cannot be complied with as Loganathan's case was not applicable to

the present case.

On  the  other  hand,  learned  counsel  for  the  respondent

contended that the respondent had served in the Army for a period of 20

years  and therefore,  he  is  entitled  to  the  age  relaxation  even  if  he  had

completed 55 years.  Of course, who have served the military, such person

3

was entitled to get age relaxation as per the various orders passed by the

Union of India but in this case the maximum age relaxation is only 5 years.

In the present  case this  was not applicable to the respondent as he had

already crossed the age of 55 years in May, 2003 itself.  The Union of India

was right in refusing to relax further the age of  the respondent and the

direction of the High Court to consider the question of relaxation on the

basis  of  A.P.Loganathan's  case  was  not  warranted  in  the  facts  and

circumstances of the present case.  Accordingly, we clarify  the decision and

the direction issued by the High Court is set aside to the extent indicated

above. Appeal is disposed of on the above terms. No costs.

...............CJI. (K.G. BALAKRISHNAN)

.................J.     (P. SATHASIVAM)

.................J.     (J.M. PANCHAL)

NEW DELHI; 7TH JULY, 2008.