Back
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Vinod Kumar – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner is an ex-serviceman, presently serving as Junior Engineer (Civil) on Contract basis in Himachal Urban Development Authority (HIMUDA), where he had joined through the agency of Ex-servicemen Cell-respondents No.2 & 3 in December 2023. In the year 2024, several vacancies in different departments of the State meant to be filled up from ex-servicemen were notified. These were to be filled up through the Ex-servicemen Cell-respondents No.2 & 3. Petitioner was interested for the post of Junior Engineer (Civil) in Jal Shakti Department, Shimla notified at Serial No.74 & 75 of Annexure P-2. He, accordingly, represented on 10.09.2024 (Annexure P-1) to respondents No.2 & 3 to sponsor his name & to allow him to participate in the Screening process for the aforesaid post. Respondents No.2 & 3 did not oblige, hence, this writ petition.
2. Submissions
2(i) Learned Advocate General and learned counsel for respondents No.2 & 3 contend that having once been employed on a civil post as an ex-serviceman through respondents No.2 & 3, the petitioner can seek appointment against another civil post as an ex-serviceman only if the other is a post higher to the post
An ex-serviceman on contract can seek nomination for another post reserved for ex-servicemen, as current employment does not constitute civil employment under applicable rules.
Proper adherence to ex-servicemen reservation criteria is crucial in public sector appointments, with the potential for supernumerary posts to accommodate deserving candidates.
The main legal point established in the judgment is the eligibility criteria for ex-servicemen under the Jammu & Kashmir Reservation Rules, 2005 and the inapplicability of the Ex-Servicemen (Re-emplo....
Ex-servicemen can pursue multiple claims for recruitment based on applications made prior to any recruitment, despite subsequent appointments, aligning eligibility assessments with the date of applic....
Eligibility for ex-servicemen’s concessions must be assessed at the application date, not recruitment date; subsequent recruitment does not negate pre-existing claims.
The interpretation of the proviso to Rule 2(2A) of the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988, regarding the eligibility of Ex-Servicemen for recruitment benefits.
Point of Law : Court find that no Question of Law, muchless Substantial Question of Law, is made out for admission and adjudication of the appeal.
The central legal point established in the judgment is that compliance with administrative instructions applicable at the relevant time is crucial in determining the validity of selections and benefi....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
