Ex-servicemen registered in specific subcategory (OBC) entitled only against OBC reserved posts under horizontal reservation; cannot claim unfilled UR/SC/ST posts; no automatic appointment right from nomination.

JUDGMENT :
Ranjan Sharma, Judge

Petitioner, Partap Chand, had initially filed Original Application No.1148 of 2005 before State Administrative Tribunal and upon abolition of Tribunal, the matter stood re-transferred to this Court, as CWPOA No.577 of 2019, seeking the following reliefs :-

“The respondents No. 1 & 2 may kindly be directed to issue appointment letter to the applicant as JBT and to appoint him at a suitable place, with all consequential benefits.”

FACTUAL MATRIX:

2. Grievance of the petitioner as put forth by Learned Counsel for the petitioner is that he joined Armed Forces in 1987. During service in the Armed Forces, the petitioner passed his JBT and as per norms got registered with Sainik Welfare Board [Exservicemen Cell] Hamirpur on 03.07.2001. Thereafter the petitioner sought voluntary retirement from the Armed Forces on 20.02.2002. It is further averred that being an OBC and an Exservicemen and having been registered for civil employment against Exservicemen-OBC posts, the Director Sainik Welfare Board, Himachal Pradesh nominated 23 Exservicemen for post of JBT in District Kangra in District Cadre on 27.12.2003 [Annexure A-2]. Out of these 23 nominated incumbents, 16 incumbents were sponsored for the post of Exservicemen-General Category and 6 incumbents were sponsored for post of Exservicemen-OBC Category and 1 for Exservicemen-SC vacancy. It is averred that Respondent No.3-Director Sainik Welfare nominated the name of the petitioner for the post of JBT against Exservicemen-OBC Category on 13.01.2004 [Annexure A-3] and pursuant to the nomination, though Deputy Director of Primary Education Kangra directed the petitioner on 03.01.2005 [Annexure A-5] to appear in Interview on 19.01.2005 but despite having appeared in interview, the petitioner was not appointed as JBT in view of the fact that out of 23 Exservicemen candidates only 20 incumbents had joined and therefore, the petitioner may be considered against 3 unfilled vacancies. It is averred that even Deputy Director of Primary Education Kangra has sent a communication on 01.02.2005 [Annexure A-6] and on 01.03.2005 [Annexure A-7] to Respondent No.2-Director of Primary Education about the unfilled vacancies, due to non-joining of Manjit Singh Rana and Om Prakash as JBT.

It is in this background, that the instant petition has been filed, seeking appointment as JBT against one of three un-filled vacancies of JBT- Exservicemen, with all consequential benefits.

STAND OF RESPONDENTS No.1 & 2-STATE AUTHORITIES IN REPLY-AFFIDAVIT:

3. Pursuant to the issuance of notice on 09.05.2005, the Respondents 1 & 2-State Authorities have filed the Reply-Affidavit dated 17.09.2005 of Director of Primary Education, Himachal Pradesh.

3(i). Perusal of the Reply-Affidavit indicates that Director of Sainik Welfare Board commenced the selection process by nominating 23 Exservicemen [General and OBC category incumbents] for the post of JBT. Reply-Affidavit indicates that three vacancies, i.e. two vacancies of Exservicemen Scheduled Caste and one vacancy of Exservicemen Scheduled Tribe remained un-filled. Para 3 of Preliminary Submissions and Para 6(ii) (vi) (viii-a) states that since the petitioner belongs to Exservicemen-OBC category and no vacancy was available for Exservicemen-OBC, therefore, the petitioner could not be appointed, despite being nominated for the aforesaid post. In this background, prayer is made for dismissal of the writ petition.

STAND OF RESPONDENT No.3-SAINIK WELFARE BOARD IN REPLY-AFFIDAVIT:

4. Respondent No.3-Director of Sainik Welfare Board, Himachal Pradesh has filed the Reply-Aff