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 10 years ago in Civil Law
Sir, what are the chances of succeeding if I file a writ as suggested by you.
Can Natural Justice clause be applicable here? If you feel I have any genuine chances of getting favourable decision after filing writ then certainly I will like to go ahead with it however you say that it can;t be from retrospective effect. does inordinate delay and better career prospect will be of any help.Pl Guide.
Thanks.
Asked 10 years ago