TIRUMALA TIRUPATL DEVASTHANAMS versus K. JOTHEESWARA PILLAI (D) BY LRS. AND ORS.

TIRUMALA TIRUPATL DEVASTHANAMS versus K. JOTHEESWARA PILLAI (D) BY LRS. AND ORS.

There is no statutory provision or rule permitting exemption from age eligibility under Rule 11; previous concessions do not create a right; appointment of respondents was illegal and writ of mandamus cannot issue to direct exemption.

Parties
Appellant: Tirumala Tirupati Devasthanams; Respondents: K. Jotheeswara Pillai (D) by LRs. and Ors.
Jurisdiction
India
Judgment Date
03 May 2007
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Division Bench Judgment of Andhra Pradesh High Court Affirming Single Judge's Order
Outcome
Appeal allowed
Legal Topics
Termination of Employment, Eligibility Criteria, Age Limits, Discrimination, Relaxation of Rules
Service Law Termination of Employment Eligibility Criteria Age Limits Discrimination Relaxation of Rules

Case Brief

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Parties

Tirumala Tirupati Devasthanams

Appellant

K. Jotheeswara Pillai (D) by LRs. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Division Bench Judgment of Andhra Pradesh High Court Affirming Single Judge's Order

Legal Issues

  1. 1 Whether exemption from age criterion can be granted to employees appointed under a circular favouring ex-employees
  2. 2 Whether previous exemptions create a right to exemption from age
  3. 3 Whether writ of mandamus can be issued to direct employer to grant such exemption

Ratio Decidendi

There is no statutory provision or rule permitting exemption from age eligibility under Rule 11; previous concessions do not create a right; appointment of respondents was illegal and writ of mandamus cannot issue to direct exemption.

Court Disposition

Appeal allowed

Orders

  • Judgments of High Court (Single Judge and Division Bench) set aside
  • Writ petition by respondents dismissed