Did CMDA unduly relax age-norms for its staff? No answer for last 3 yrs

C SHIVAKUMAR @ Chennai:

The Chennai Metropolitan Development Authority is yet to respond to a
3-years-old letter from the state government asking in how many cases
the authority relaxed the age norms when directing recruiting
planners.

It is reliably learnt that the then housing department secretary
Thanga Kaliyaperumal in January 2014 wrote a letter to the authority
how many posts it reserved for its own staff and how much age
relaxation was granted to them. But a reply to the letter is yet to
come, sources in the department told Express.

The recruitments under the state government’s scanner were for posts
like senior planners, assistant planners and deputy planners. The CMDA
had earlier came up with the idea of directly recruiting for these
posts, instead of internally promoting the staff. Since the state
government did not agree for the staff taking the tests for the direct
recruitment, the authority around 2010 informed the housing department
that it would give up the plans for direct recruitment.

But it subsequently went ahead with direct recruitments and also
granted age relaxation for CMDA’s current staff.

The issue was raised by the then housing secretary Thanga
Kaliyaperumal in a letter in January 2014 citing that it could be
illegal for the CMDA to relax the age limit. The letter pointed out
that as per Approved Service regulations 1980, the powers to relax the
age limit is vested with Authority on specific cases. Since, CMDA is
following Rule 12 (d) of Tamil Nadu Subordinate Service Rules, it can
relax age only for SC/ST as well as backward castes and most backward
castes.

However, CMDA doesn’t have powers to relax upper age limit for other
categories and in case it goes in for age relaxation then it should be
done with prior permission of government, then housing secretary
Thanga Kaliyaperumal has stated in the letter.

Interestingly, the state has asked CMDA to file a report giving names
of persons with their designation to whom age relaxation was earlier
done by mentioning their category, the circumstances under which the
age relaxation was done and the autheticated GO or letter where in the
proceeding was undertaken.

It has also asked the CMDA to substantiate the need for following Rule
12 (d) of Tamil Nadu Subordinate service which permits age relaxation
for SC/ST/BC/MBC category only wherein CMDA is vested with powers to
relax it.

However, CMDA never filed any report forcing many of CMDA employees to
file cases, sources said. It is learnt more than 30 to 40 cases are
being filed by employees against CMDA as it has tinkered with service
rules.

Similarly, CMDA is going ahead with recruitment of deputy planner
under direct recruitment without bringing to notice of the government
that there is a case pending in court over the issue. The case is
filed by by Association of Professional Town Planners K M Sadanandh in
2011 who challenged the direct recruitment of deputy planners.

Even a CMDA audit report has raised objections over the appointment of
planning assistant Grade-1 beyond the age limit prescribed in service
rules as it was not ratified by the government. This was done in
violation of Madras High Court order on 2007 which has stated that “so
long as the word ‘prior approval of the government’ is found in
Section 124 (1) of the Tamil Nadu Town and Country Planning Act, CMDA
making its own amendment and not getting approval from the government
does not make any appointment valid.

When queried about the issue, a top government official told Express
that he will look into the issue.