• Ex-Servicemen reservation

Subir Ranjan EX-Servicemen
Sir, 
I am an Ex Servicemen and applied for SSC CGL 2013 EXAM in Feb 2013. The Tier-I Exam was conducted on 21 Apr 2013 and 19 May 2013.Tier-I Exam paper for the subject exam  got leaked before 21 Apr 2013 and about 9 people were arrested for that, in all likelihood there was a case for cancellation of exam so after appearing for Tier-I exam on 19 May 2013,  I joined SBI on 22 May 2013 after availing the Ex-Servicemen quota given to Ex Servicemen. 
A case was filed by  a group of candidates to cancel the exam because of paper leakage. However Tier-II Exam was conducted by SSC after obtaining permission from CAT Delhi but ultimately CAT cancelled the exam and ordered Re-Exam. Re-exam was conducted a fresh in 2014 for which Interview and document verification process completed in Feb 2015.
I appeared for Re-exam and got selected for interview after qualifying written exam under Ex-Servicemen quota.
Meanwhile as SSC and some other organisation selection process  get delayed considerably some of Ex-Servicemen projected this problem to Defence ministry and DOPT  for review of Ex Servicemen Reservation which was affecting our chances for better career opportunity as we were forced to seek any other inferior job because of early declaration of result of  other organisation. Hardly a  few Ex Servicemen could wait for lenghty procees of selection due to financial burden after retirement. The case was  considered favorably by DOPT in consultation with the Department of Exservicemen,Ministry of Defence  and an Office Memorandum OM No.36034/1/2014-Estt.(Res.) was issued by DOPT on 14 Aug 14.
The main point of the OM No.36034/1/2014-Estt.(Res.) An ex-serviceman at the time of his release or discharge from the armed forces normally applies for more than one vacancy, but in case he/she joins any civil employment due to early declaration of results/selection, he/she is not entitled for the benefit of reservation for ex-servicemen for subsequent employment. It has been brought to the notice of this Department that the aforesaid instructions are affecting the chances of ex-servicemen in the case of direct recruitment for subsequent suitable employment.
In my case I applied for the subject exam in  Feb 2013 well before 14 Aug 14. I informed SBI my present employer regarding this application after publication of the OM No.36034/1/2014-Estt.(Res.).  Subsequently I obtained permission and NOC from State Bank of India to write exam as well as for Interview.  I was called for interview on 23 Jan 2015. I informed them about my employment with SBI and submitted NOC , SSC allowed me provisionally for interview stating in writing that I will get only age relaxation and nor the benefit of reservation.
My question is am I eligible or not as per this OM?
In first look it seems that it will be applicable only for those candidate who apply after 14 Aug 14, however this OM No.36034/1/2014-Estt.(Res.) was published when EXSM like me projected the problem we were suffering. Hereafter in similar cases like me EXSM will get the benefit of reservation.
 Can I challenge this or can My case be considered favorably by court on ground of  Natural Justice and inordinate delay ( Already two years elapsed and it will take at least one more year for joining in various department) in selection of SSC where it is very difficult for EXSM to wait for so long because of financial hardship. OM No.36034/1/2014-Estt.(Res.) does not say that application has to be after 14 Aug 14. on.
Is there any ground on which we can seek court intervention and can we pursue this case legally.  What will be the fee for the case from your poor Ex-servicemen brother.
Thanks.
Asked 2 years ago in Civil Law from New Delhi, Delhi
1)at time of your application and selection to SBI in 2013  the rule was An ex-serviceman at the time of his release or discharge from the armed forces normally applies for more than one vacancy, but in case he/she joins any civil employment due to early declaration of results/selection, he/she is not entitled for the benefit of reservation for ex-servicemen for subsequent employment.

2) ) Office Memorandum OM No.36034/1/2014-Estt.(Res.) was issued by DOPT on 14 Aug 14.

3) it can only have prospective effect and not be applicable with retrospective effect . 

4) you have been denied the benefit of reservation on grounds that In Februray 2013 rule was that you could not get benefit of  reservation in subsequent employment . hence benfit of reservation was denied to you 

5) in the event you file writ petition in Delhi HC challenging denial of reservation benefit to you the litigation costs would be around Rs 1lakh .
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1)we cannot predict results of litigation .

2) litigation is an expensive proposition . 

3) if however there are other ex service men who are similarly affected and you all move court you can split the expenses .

4)please not that any memorandum issued would have only prospective effect 

5)you already have a job with SBI as ex service men . it has not affected your career adversely . 

6)dont rush into litigation
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
once you joined a government job in the category of ex service man then afterward you shall not be treated as same category. this benefit is given for the rehabilitation of service man who have retired after short service. if you have avail this facility means you have properly rehabilitated so how can you again claim your same right. avoid litigation, now you are free to apply as a general candidate.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. The OM No.36034/1/2014-Estt.(Res.) An ex-serviceman at the time of his release or discharge from the armed forces normally applies for more than one vacancy, but in case he/she joins any civil employment due to early declaration of results/selection, he/she is not entitled for the benefit of reservation for ex-servicemen for subsequent employment.

2. You took up the employment in 2013 whereas the O.M was issued the following year. So the said rule could not be applied retrospectively. 

3. As on the date of your employment with SBI you were not in violation of the rule.

4. You can move the Delhi HC to challenge the denial of reservation benefit as the rule has been applied in an illegal manner.

5. The fees will be told to you by the lawyer whom you will consult.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1. That the application of the rule in this manner is going to impair your career prospects is a ground which can work in your favour if you make out a good case.

2. As mentioned earlier, move the Delhi High Court for the redressal of your grievance.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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