Read Time: 06 minutes
If we were to venture down such a path, it would be unjust to a large number of others similarly placed, who were not ex-servicemen as on the date of advertisement but came under the category later, but did not apply at the relevant time, court has held
The Supreme Court has on October 30, 2023 held that an Army personnel can't be treated as an ex-serviceman for the purpose of applying for a government job, if on the relevant date, he continued to be in service.
A bench of Justices Vikram Nath and Ahsanuddin Amanullah dismissed appeal filed by Sudhir Singh and others against the Allahabad High Court's order by which their claims for recruitment on the posts of Village Development Officers had been rejected.
The Uttar Pradesh government submitted that the appellants were ineligible for appointment as they did not possess the requisite qualification, the reason being that they were not ex-servicemen as on the relevant date, when the post was advertised.
It said not having disclosed the factual position at the time of filling up the form amounted to grave misconduct.
The state government even contended that the appellants’ conduct indicated a fraud committed by them. In fact, they attempted to take posts which were meant for ex-servicemen who were actually without employment, and not for persons who were still employed in the Armed Forces.
The appellants, on their part, said prior to the date on which the appointment letters was issued, they stood relieved by the Army authorities.
"Having bestowed anxious thought and consideration to the rival submissions at the Bar combined with a careful perusal of the record, we are unable to find any error in the Impugned Judgment passed by the High Court, much less any illegality, warranting our interference," the bench said.
Court also pointed out that it is well-settled that the basic question on eligibility has to be determined on the basis of the cut-off date/point of time which stands crystalized by the date of the advertisement itself, being the last date of submission of application forms, unless extended by the authority concerned.
"In the present scenario, none of the appellants can be said to have been ex-servicemen at the time of the advertisement in question, as, undisputedly, they were still in service. This Court has also examined the relevant rules and even the clarification(s) to the advertisement. We are afraid that they do not indicate that the appellants can be deemed ex-servicemen from a prospective date, despite being in actual service on the relevant date," the bench said.
The court also found that the appellants, despite opportunity also failed to show that they possessed clearly specified essential qualification, a CCC Certificate, at the relevant time.
"Having considered the matter in toto, the appeal, being devoid of merit, stands dismissed. The Impugned Judgment is upheld," the bench held.
The court, however, directed any payments made to the appellants for the period they have actually worked as Village Development Officers, should not be recovered and if any such recoveries have already been effected, it should be returned to them forthwith.
Case Title: SUDHIR SINGH AND OTHERS vs. STATE OF U.P. AND OTHERS
Please Login or Register
