Yes, you can there is no such bar.
Sir, I am an Ex-servicemen.I got a employment under state government without availing ex-servicemen qouta.Again I was selected in state civil service availing ex-servicemen qouta. After my selection another ex-servicemen who is already employed under state government availing ex-servicemen qouta has put a case against state government and me challenging my selection citing to avail second time qouta benefit and also scored higher marks than me.But State government hasn't selected him since he has availed qouta earlier.Now I have joined service availing ex-servicemen qouta. For this state government job, I have left my earlier state government job and one central government group -A service. If the case goes in favour of me,it is fine.If not goes in favour of me can I claim earlier job that I lost to join this service??? Please advise me, what will be next course of action in this case?? Regards
You will not be loosing this job as you got earlier job without using quota.
Incase you are loosing this job you cannot claim earlier job
Ex-serviceman can’t avail job quota benefit twice.
So he has no case and locus standi to challege your appointment.
There is nothing wrong in your case as you have not availed state government quota for the ex servicemen you have the opportunity to avail this facility however your previous employment which was not based on the quota for ex servicemen maybe resigned and even in case any case in this regard is file may be liable to be dismissed
If case goes against you file appeal against impugned order
you di snot avail Ex service men quota for your earlier job hence you should not be denied benefit
What are prayers of ex-serviceman in his case who has challenged your appointment?
It is an important part and factor to know whether you would fail or succeed in the matter filed by him against you.
You cannot claim earlier job until or unless you were expelled from that job on the wrongful ground or which will be unlawful in terms of rules and regulations of the government or in the contravention of fundamental rights.
- As per the rule 2 of Ex-servicemen (Re-employment in Central civil services and posts) rules 2012 doesn’t permit second time use of ex-serviceman status for getting a government job.
- Hence, if a person gets a government job under the ex-serviceman quota, he/she can’t avail the benefit of reservation for re-employment.
- Since, you got the employment under state government without availing the quota , and further you got the job in state civil service after availing quota , then this serve is under the rule , and cannot be challenge on any ground , as you have availed one time benefit.
- Hence , that case filed by that employee is against the rule , and legally not sustainable .
- However, if this case goes against you, then you cannot avail the second job on quota basis , but can claim the first job legally.
1. If you have abruptly resigned the earlier job, you cannot claim the previous job for any reason, because this is not a technical resignation so that you can operate lien period.
2. You can file a writ petition or appeal before appellate court if the decision is going against you.
You need to give technical resignation I'm such circumstances then join so that you can get the earlier post if not continued in the new one
ex-servicemen from joining civil employment if they have already availed the benefit once, will not be eligible to get for the second time.
Yes but you should go for appeal before Supreme court in which you seek reinstating to this job or previous job.