Recruitment of ex-serviceman in central government job
. I am an ex-serviceman retired from indian air force after serving for around18 years. After retirement I applied for staff selection commission exam 2013. The selection process got delayed due to paper leak and subsequent court cases. Meantime I applied for bank job also and I got selected in bank as a clerk.
. The ex-serviceman reservation rules state that u can avail the reservation only once. Once u get the job in civil side(govt. Job) u cannot get the ex-serviceman reservation again. But on 14Aug 2014 Directorate of personnel and training published an office memorandum no. 36034/1/2014-Estt.(Res.). The gist of which is-as ex-serviceman applies for many jobs after retirement from defence before joining in civil side. So whichever jobs he applies before joining his first job in civil side he will be eligible to get reservation of ex-serviceman for such jobs.
. By considering this OM I joined bank as a clerk on 08 Sep 2014. Meantime SSC declared result and I was selected as income tax inspector. But all regions of ssc have not followed uniform policy regarding this OM. Eastern region ssc did not select such ex serviceman who have joined govt job whether before or after the effective date of this Om. Norh and Karnataka region selected such candidates but later on their documentsnot forwarded to individual department for further process. This has caused peoples to approach the court.
. Now my question is if I get offer letter from income tax should I join? In future if the verdict of ongoing case goes against my interest will I be removed from my job despite there being no mistake on my part. If the court verdict comes before I join income tax but after resigning my present job as bank clerk ; I will be in deep trouble. To prevent future hassles is there any judicial recourse to get this OM of dopt interpreted in right earnest. If yes what will be the cost of judicial process. Approximately how much time the process will take?
. Thanking u in anticipation .
Asked in Civil Law from Pune, Maharashtra
1) at time of your selection the ex service man rules provided that you can only avail job reservation once .
2) you availed of job reservation and got selected as bank clerk
3) you have joined after the new policy came into force .
4) as per new policy since you have applied for staff selection commisison exam in 2013 and got selected as income tax inspector you would be eligible to get job reservation as ex service man
5) if you get job offer from income tax dont join unless there is clear court verdict on the issue .
6) you cannot afford financially to lose your bank job
6) since no uniform policy is being followed regarding OM dont take the chance
Government gives reservation to ex service men is for the purpose of their rehabilitation. You can avail this facility on the first joining in reserved category. In your case you have qualified for Income tax inspector but in the meantime you have joined as a bank clerk. So you will not have been treated as a ex service man for future job. But in your case you have qualified for SSC but its result came after your joining so it can be said that you have qualified in that exam when you had not been employed in any govt job.
When whole process of exam is completed then at the time of completion your candidature should be considered in concerned category and at that time you were eligible for the reservation in ex service man category. it does not matter that when its result published.
you should join SSC, because this exam is completed before joining of your current job.
1) in the event if you take job as income tax inspector and subsequently it is held that you are not eligible then you can file writ petition to challenge order passed denying you reservation
2) judicial process takes time .
3) further litigation is an expensive proposition
4) no fixed time frame can be given as to when your petition would be disposed of
See first of all your question itself has no answer or legal solution. If you want to join IT department, since you have already applied for it and have been selected and kept in wait, the subsequent developments like joining other institution may not be an hindrance to the new assignment by resigning the previous job. If you apprehend the judgement to be adverse then you may decide whether to quit the present offer and continue with the existing employment itself or if you want to risk you may proceed.
consult a service law practicing lawyer for further issues.