O.A. No. 3362/2013. Case: Dileep Singh Vs Commissioner, Kendriya Vidyalaya Sangathan, The Joint Commissioner (Admin) Kendriya Vidyalaya Sangathan and Union of India Through the Secretary, Ministry of Human Resource Development. Central Administrative Tribunal
| Case Number | O.A. No. 3362/2013 |
| Counsel | For Appellant: Shri Virender Kumar Kadian, Advocate and For Respondents: Shri R.N. Singh and Shri K.M. Singh |
| Judges | G. George Paracken, Member (J) and P.K. Basu, Member (A) |
| Issue | Service Law |
| Judgement Date | May 07, 2014 |
| Court | Central Administrative Tribunal |
Order:
G. George Paracken, Member (J), (Principal Bench, New Delhi)
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The Applicant is an Ex-Serviceman who was discharged from Army after having rendered 17 years and 4 months of service. His grievance in this Original Application is that the Respondents have ignored the rules and regulations issued by the Government of India, Department of Personnel & Training for granting reservation to Ex-Servicemen in his case.
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The brief facts of the case are that the Government of India, Ministry of Home Affairs, Department of Personnel & A.R. vide Notification No. 39016/10/79-Estt.(C) dated 15.12.1979 issued 'the Ex-Servicemen (Re-employment in Central Civil Services and Posts) Rule 1979' for resettlement of Ex-Servicemen. According to the said notification, certain percentage of vacancies in some of the Central Government services is reserved for being filled up by the Ex-Servicemen and for some of the vacancies, age relaxation and fee exemption have been given to them. Para 4 and 5 of the said Notification reads as under:-
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Reservation of vacancies -- (1) Ten per cent of the vacancies in the posts of the level of Assistant Commandant in all para-military forces, ten per cent of the vacancies in each of the categories of Group 'C' and of such posts in each Group 'C' services; and twenty per cent of the vacancies in each of the categories of Group 'D' posts and of such posts in each Group 'D' service, including permanent vacancies filled initially on a temporary basis and temporary vacancies which are likely to be made permanent or are likely to continue for three months and more, to be filled by direct recruitment in any year shall be reserved for being filled by ex-servicemen;
Provided the percentage of reservation so specified for ex-servicemen in a category of posts shall be increased or decreased in any one recruitment year to the extent to which the total number of vacancies reserved for ex-servicemen, Scheduled Castes and scheduled Tribes (including the carried forward reservations for Scheduled Castes and Scheduled Tribes) and for any other categories taken together, falls short or is in excess, as the case may be, of fifty per cent of the vacancies in that category of posts filled in that year:
Provided further that in case of an increase in the reservation for the ex-servicemen under the preceding proviso, the additional vacancies so made available for them shall be utilized first for the appointment of disabled ex-servicemen and if any such vacancies still remain unfilled thereafter the same shall then be made available to other ex-servicemen.
(2) Out of the vacancies reserved for being filled by ex-servicemen, vacancies shall be reserved for candidates belonging to the Scheduled Castes and Scheduled Tribes in accordance with such orders as are issued in this behalf by the Central Government from time to time:
Provided that if any ex-serviceman belonging to the Scheduled Caste or Scheduled Tribe is selected, his selection shall be counted against the overall quota of reservations that shall be provided for the Scheduled Castes or Scheduled Tribes in accordance with the orders issued by the Central Government from time to time.
(3) No vacancy reserved for ex-servicemen in a post to be filled otherwise than on the results of an open competitive examination shall be filled by the appointing authority by any general candidate, until and unless the said authority;
(i) 'has obtained a non-availability Certificate" from the employment exchange (where a requisition is placed o n an employment exchange);
(ii) has verified the non-availability of a suitable candidate by reference to the Director General Resettlement and recorded a certificate to that effect; and
(iii) has obtained approval of the Central Government.
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SPECIAL PROVISION REGARDING AGE LIMIT - For appointment to any vacancy in Central Civil Services Group 'C' and Group 'D' whether reserved or not under these rules, every ex-servicemen who has put in not less than six months continuous service in the Armed Forces of the Union shall be allowed to deduct the period of such service from his actual age and if the resultant age does not exceed the maximum age limit prescribed for the post or service for which he seeks appointment by more than three years, he shall be deemed to satisfy the condition regarding age limit.
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Further, in terms of Government of India, Department of Personnel and Administrative Reforms O.M No 39016/15/79-Estt.(C) dated 7.9.1981 read with OM No 36034/3/86-Estt. (SCT) dated 17.7.1986 and OM No 36034/8/88 Estt. (SCT) dated 19.5.1988, the upper age limit shall be relaxed by the length of military service increased by three years in the case of ex-servicemen and commissioned officers including ECOs/SSCOs for appointment to any vacancy in Group A' and Group B' services/posts filled by direct recruitment otherwise than on...
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