I was employed in India Army on 08.07.1998 and completed 15 years of service which is minimum requirement to get ex-servicemen benefit on 08.07.2013. In Jan 2013 I have applied for SSC CGL-2013. There was a note in advertisement:-
NOTE-III : For any serviceman of the three Armed Forces of the Union to be treated as ExServiceman for the purpose of securing the benefits of reservation, he must have already
acquired, at the relevant time of submitting his application for the Post / Service, the status of
ex-serviceman and /or is in a position to establish his acquired entitlement by documentary
evidence from the competent authority that he would complete specified term of engagement
from the Armed Forces within the stipulated period of one year from the CLOSING DATE (i.e.
15.02.2013) or otherwise than by way of dismissal or discharge on account of misconduct or
EXPLANATION :An 'ex-serviceman' means a person –
(i) who 'has served in any rank whether as a combatant or noncombatant in the Regular
Army, Navy and Air Force of the India Union, and
(a) who either has been retired or relieved or discharged from such service whether at his
own request or being relieved by the employer after earning his or her pension; or
(b) who has been relieved from such service on medical grounds attributable to military
service or circumstances beyond his control and awarded medical or other disability
(c) who has been released from such service as a result of reduction in establishment; or
(ii) who has been released from such service after completing the specific period of
engagement, otherwise than at his own request, or by way of dismissal, or discharge on
account of misconduct or inefficiency and has been given a gratuity; and includes personnel of
the Territorial Army, namely, pension holders for continuous embodied service or broken spells
of qualifying service;or
(iii) personnel of the Army Postal Service who are part of Regular Army and retired from the
Army Postal Service without reversion to their parent service with pension, or are released from
the Army Postal service on medical grounds attributable to or aggravated by military service or
circumstance beyond their control and awarded medical or other disability pension;
While in DoP&T OM :-
A candidate working in Armed Forces would become eligible for applying civil posts
only when he completes the prescribed period of Army Service within a year from
the last date for receiving application in connection with Special Recruitment/
Examination, etc. prescribed by the competent authority. The pro-forma of the
certificate to be submitted along with the application form is given O.M.
No.36034/2/91-Estt (Res) dated 3rd April, 1991. Since the appointment of such a
candidate is subject to his submitting documentary evidence that he has been duly
released/retired/discharged from the Armed Forces and qualified as an ExServicemen,
such a candidate shall be required to submit along with his application
an undertaking duly signed by him in the format as mentioned in O.M. 36034/2/91-
Estt(Res) dated 3rd April, 1991.
Recruitment got too late due to re exams and courts stay. I was retired on 31.05.2014 before the main exam of CGL-2013. I was selected but on the occasion of document verification on 14.02.2015 (9 months after my retirement) SSC did not considered me as ex-servicemen because of retired after 14.02.2014 as they said in advt.
I have filed an O.A. in CAT New Delhi as in person now after more than 5 months order reserved that O.A. is dismissed.
Because this job is best option for me now I want to file writ in Delhi High Court without taking any risk I want best person who can advocate me. Is my case is admissible or to whom I should contact? should I take chance? Please help.
Asked in Labour from New Delhi, Delhi
1) you have not reproduced order of dismissal of your original application by CAT
2) it is necessary to peruse said order to advice
3) number of lawyers from kaanoon.com from delhi
4) you can contact any of them
5) litigation is an expensive proposition and results are un certain
You are free to move the High Court against the order of CAT. Unless the order is perused it cannot be stated as to whether it is prima facie erroneous or not. You should contact a lawyer and none else.
For filing a writ seeking direction of court to the recruitment authority will be the only choice before you now because your case falls within the said rules which the authorities failed to notice.
You can find an advocate in Delhi high court by visiting the bar association of Delhi high court, entrust the job.