Facts
The applicant, N. Kathiravan, was enrolled in the Indian Army on February 18, 1987, and was discharged on July 1, 2009.
Source reference: p.3-4He obtained an Ex-Servicemen certificate for re-employment under the Ex-Servicemen quota and was selected and appointed as a Temporary Store Keeper Grade-III on December 5, 2013.
Source reference: p.3-4Subsequently, he applied for the post of Upper Division Clerk (UDC) under the Ex-Servicemen quota in response to a recruitment notification dated August 11, 2015.
Source reference: p.4He was provisionally selected on November 5, 2015, but his selection was cancelled by an order dated March 4, 2016, citing Office Memoranda (OMs) dated May 2, 1985, and April 2, 1992, because he had already availed the Ex-Servicemen benefit.
Source reference: p.4The applicant's post of Store Keeper Grade-III, though temporary at the time of his UDC application, was regularized and made permanent in 2015.
Source reference: p.7, 8Issues
Whether the cancellation of the applicant's provisional selection for the UDC post under the Ex-Servicemen quota, based on his prior employment as Store Keeper Grade-III through the same quota, was arbitrary, unreasonable, improper, or illegal.
Source reference: p.3Whether the applicant, having already availed the benefit of reservation under the Ex-Servicemen quota for an earlier appointment, is entitled to claim the same benefit again for a subsequent higher post.
Source reference: p.5-6, p.8-9Law Applied
The court primarily applied the Department of Personnel & Training's OM No. 36034/27/84-Estt (SCT) dated May 2, 1985, which stipulates that an Ex-Serviceman's status for the purpose of re-employment in Government ceases once they join a government civil post after availing the benefits intended for Ex-Servicemen.
Source reference: p.5, p.7-8It also relied on DOP&T OM No. 36034/6/90-Estt (SCT) dated October 10, 1994 (referencing OM dated April 2, 1992), which clarified that while Ex-Servicemen already in regular government employment may be permitted age relaxation for securing another higher post, they are not eligible for benefits of reservation under the Ex-Servicemen quota again.
Source reference: p.5, p.7-9Reasoning
The court found that the applicant had already utilized his Ex-Servicemen status to secure the post of Store Keeper Grade-III in 2013.
Source reference: p.6Crucially, the OMs dated May 2, 1985, and April 2, 1992, explicitly state that once an Ex-Serviceman has availed the benefits of reservation for government employment, their Ex-Serviceman status for further re-employment benefits ceases, although they may still be eligible for age relaxation for higher posts.
Source reference: p.5, p.7-9The court rejected the applicant's contention that his participation in the UDC selection was solely to improve career prospects and should not bar him from claiming the benefit again.
Source reference: p.4-5Since the applicant had already secured a government job under the Ex-Servicemen quota, he was correctly deemed ineligible for the reservation benefit a second time, even if seeking a higher position.
Source reference: p.6, p.9The fact that the applicant's initial post was temporary and later regularized did not alter the applicability of the OMs.
Source reference: p.7, p.8Holding
The court dismissed the Original Application, holding that the impugned order dated March 4, 2016, which cancelled the applicant’s provisional selection for the UDC post, was legally valid and required no interference.
The applicant, having already availed the benefit of reservation under the Ex-Servicemen quota for his appointment as Store Keeper Grade-III, was not entitled to claim the same benefit again for the UDC post in light of the OMs dated May 2, 1985, and April 2, 1992.
Source reference: p.9The OA was dismissed as devoid of merits.
Source reference: p.10Original Court PDF
N. Kathiravan v. Union of India and Others [OA/310/01420/2016]
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