CHANDER PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS O.A. has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

(2.) BACKGROUND of the matter is that the applicant who was a serviceman posted with Station Health Organization, Jalandhar Cantt. being due to retire on 1.1.2014 was issued an Advance Warning Order on 1.8.2013 by the respondents (Annexure P -1). The applicant applied for the vacancy of Health Inspector reserved for ex -serviceman after obtaining NOC (Annexure P -3) and appeared in the examination conducted by Station Health Organization, Jalandhar and cleared the same. The applicant was selected vide letter dated 25.10.2012 for the post of Health Inspector at SHO Jalandhar Cantt. (Annexure P -5). However, vide letter dated 21.2.2013 (Annexure P -8), it was conveyed that as on the last date of receipt of application for the post of Health Inspector at SHO Jalandhar, the applicant who was the selected candidate did not fulfill conditions to be called ex -serviceman for whom vacancy of Health Officer was reserved. It is stated that the only grey area in the whole exercise was the conflict between the definition of the ex -serviceman as given in Annexure P -6 (instructions issued by the Army 21/2009) and Annexure P -9 (instructions issued by DOP & T under the 1986 Rules). Although as per Annexure P -6 serving JCO/ORs could apply for civil employment in Government Undertaking/organizations within 18 months after the receipt of warning order from AMC records regarding date of retirement, as per Annexure P -9 i.e. DOP & T instructions dated 27.10.1986 the word ex -serviceman has been defined with different conditions and an explanation had been added wherein it was provided that the person serving the armed forces of the Union, who on retirement from service, would come under the category of ex -servicemen, may be permitted to apply for re -employment one year before the completion of the specified term of engagement and avail themselves of all concessions available to ex -servicemen. The instructions of 1986 had been amended vide notification dated 4.10.2012 and the explanation part of old notification had been eliminated. Therefore, no period as such had been prescribed during which servicemen due for retirement could apply for civilian appointments.

(3.) THE eligibility was scrutinized as per Para 534 of AMC ROI 21/2009 only and the explanation clause of DOP & T of 27.10.1986 was not referred in which it is written that a service personnel can apply for civil employment within one year before retirement. During the process of selection for Health Inspector i.e. on 13.9.2012, the explanation clause was in force though it was eliminated in subsequent amendment of DOP & T of 04.10.2012 for Re -employment in Central Civil Services posts. Hence at the time of scrutiny of applications for eligibility, the DOP & T Rule 27.10.1986 was not strictly followed and only on basis of NOC and AMC ROI, the candidate was allowed to appear in the Examination. The eligibility should be scrutinized on last date of receipt of applications i.e. 11.8.2012 and on that date HAV/HA Chander Prakash was ineligible as he had submitted his application 16 months before of his retirement.