Jammu and Kashmir High Court Directs State to Instate Ex-Serviceman for the Post of Teacher in Poonch District Cadre

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On 04.06.2020, Hon’ble Mrs Justice Sindhu Sharma heard the case of Jahangir Ahmed v State of Jammu and Kashmir & Ors via video-conferencing. The Court directed the State to select the petitioner for the post of a teacher under the ex-servicemen category.

Facts of the case

On 02.03.2013, an Advertisement Notification about 156 vacancies for the posts of a Teacher in District Cadre, Poonch was issued. The petitioner applied for the said post under ex-servicemen category. He applied for discharge from the Armed Forces. Eventually, on 26.03.2013 he received ‘No Objection Certificate’ as an acceptance of his discharge application. He also received an acceptance for his application for the post of Teacher. On 10.05.2013, the respondents issued another Advertisement Notice, advertising 231 vacancies for the posts of a Teacher in District Cadre, Poonch. The petitioner applied for the same.

The respondents issued him an admit card for the written examination. He qualified in the written examination. Thereafter, he appeared in the interview. In July 2015, the respondents issued the list of selected candidates. The petitioner’s name did not figure in the select list. Instead, they selected another candidate, (herein, Private Respondent No. 6) under the ex-servicemen category. 

Arguments by the Petitioner

It was argued that the respondents have selected only one person for the post under the ex-servicemen category, and the State did not select the petitioner. The ex-servicemen category has a reservation of 6%. Hence, the State ideally allocate nine posts in this category. Since the petitioner is the only other eligible candidate, they should have appointed him for the said post. He states that he made the application of his discharge well in time. He also received the ‘No Objection Certificate’. The formalities took some time, thus, he was discharged on 30.11.2013.

Therefore, the petitioner seeks his selection and appointment to the post of a Teacher in District Cadre, Poonch. He further seeks to quash selection of Private Respondent No. 6 as a Teacher in District Cadre, Poonch.

Arguments by the Respondent

The respondent discharged the petitioner from service on 30.11.2013, after the date of cut-off. This is the reason for the rejection of his candidature. The petitioner was still in the service of the Union of India. Hence, he became ineligible for consideration under the ex-servicemen category.

Court’s Analysis

The Court relied on Rule 2 of Ex-servicemen (Re-employment in the Civil Service and Posts) Rules, 1979. It shows that people retiring from Armed Forces shall come under the ‘ex-servicemen’ category. They have permission to apply for the re-employment one year before the completion of the specified terms of engagement. They shall avail themselves of all concessions available to ex-servicemen. However, they are not permitted to leave the uniform until they complete the specified terms of engagement in the Armed Forces. This proves that the petitioner is eligible for the post of a teacher under ex-servicemen category

The Court also referred to the case of State of J&K and others V. Taramani & Ors. in making its decision. 

The Division Bench of this Court decided this case. It held that the petitioner is eligible for the post of a Teacher in the ex-serviceman category. The authorities also issued ‘No Objection Certificate’ which is necessary. He also retired from the service much before the conclusion of the process of selection.

Held

The Court allowed the petition. It directed the respondents to select and recommend the Petitioner’s candidature for appointment to the post of Teacher in District Cadre, Poonch. This had to be done under the ex-servicemen category from the date respondent No. 6 came to be appointed. He will be entitled to all consequential benefits of seniority and promotion.


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