D.K. Jain, J. - (1.) Leave granted.
(2.) These two appeals, by special leave, are directed against the judgment and final order dated 5th January, 2010 delivered by the High Court of Judicature at Madras, whereby the High Court, in slight modification of the order passed by the Central Administrative Tribunal, Madras Bench (for short "the Tribunal"), has directed that the Respondents shall be given a relaxation of five years and three years respectively to SC/ST and OBC candidates in age limit for being considered for selection to the post of Sepoy in the Central Excise department, Ministry of Finance, Government of India. However, the High Court has directed that the said relaxation would be applicable to those candidates who were actually erstwhile employees of the said department.
(3.) Shorn of unnecessary details, the facts essential for adjudication of the present appeals may be stated as follows: The Respondents were engaged as part-time contingent casual labourers-purely on temporary basis in the Office of the Commissioner of Central Excise, Chennai Zone, in the year 1999. As per offer of appointment on record, they were required to work on the basis of the need of the office, for which they were to be paid @ Rs. 10/- per working hour with no guarantee as regards minimum number of hours in a month. In para 7 of the said letter, it was stated that the appointment letter would not confer any right to claim any permanent post in the department as also any automatic right to be considered for selection to any permanent post in the department. Most of them were in continuous employment for a period ranging from 8 to 14 years. It is common ground that none of the Respondents fall within the purview of 1993 scheme, notified on 10th September, 1993, for conferring temporary status and regularisation of casual workers, who were in employment on 1st September, 1993, all of them having been engaged after the said date. ;