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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SUNITA AGARWAL, VIKAS BUDHWAR, JJ.
Sudhir Singh And 2 Others – Appellant
Versus
State Of U.P. And 4 Others – Respondents
Civil Misc. Writ (A) Petition No. 4856, 14831, 4817 of 2020
Decided on : 05-03-2022
U.P. Public Services (Reservation For Physically Handicapped, Dependents of Freedom Fighters And Ex-Servicemen) Act, 1993 - Section 2(c) - Whether petitioners qualify the definition of Section 2(c) Ex. Servicemen - Quashing impugned termination orders d - Petitioner no.2 in order to establish that he is an ex-serviceman also produced before Commission a no objection certificate issued by AIR Commander claiming that he is an ex-serviceman having been employed in Air-Force on post as Sergeant having Service and of enrollment in Indian Air force - Petitioner No.3 has also submitted no objection certificate before Commission certifying him to be in Indian Navy in rank of PORTAC from and of relieving being - As per pleadings selections were conducted pursuant whereof petitioners were finally selected for post of Village Development Officer vide notification wherein total candidates belonging to ex-servicemen quota inclusive of petitioners were shown to have cleared selection - Petitioners do not qualify the definition of ex-serviceman as contained in Section 2(c) of the 1993 Act and Court upheld the Constitutional validity of definition clause in Section 2(c) of the 1993 Act. (Para 107).
Finding of the Court:
Court said condition so mentioned therein itself shows that it was not a final relieving but an NOC to get petitioners registered with employment exchange - It also says that petitioner would be eligible to take up civil employment after relieving - Recital in NOC itself shows that of relieving was after last of submission of application form - Moreover unless and until incumbent is actually relieved superannuated or retired he would not be able to take up civil employment - Issue has to be seen from another angle also that there might be a condition whereby an applicant who has been issued NOC in similar fashion has committed a misconduct or court-martial proceedings have been initiated holding him guilty then in that he would not get relieving or discharge from service NOC itself cannot be said to be a final order of relieving discharging or retiring him - Object of NOC is to be seen and this Court in exercise of jurisdiction under Article 226 of Constitution of India cannot read something which is not finding its presence in NOC itself.
Result: Writ Petitions dismissed.
JUDGMENT :
Vikas Budhwar, J.
Contents |
Exordium ………………………………………………………..….3 |
Relevant Statutory Enactments/Order ………………………....12 |
Argument of Petitioner (Suitors)………………………………….17 |
Arguments of Respondents/Answerers ………………………....22 |
Replication of the Petitioners/Suitors …………………….…...…24 |
Questions of Determination ………………...………………..……24 |
Discussions ………………………………………..……………..…24 |
Summation ……………………………………………..……..……59 |
Conclusion …………………………………………..………..…….60 |
Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Seemant Singh, learned counsel for the petitioners in Writ Petition No.4817 of 2020, (Sudhir and two others Vs. State of U.P. & 6 others) (Group-I) as well as Sri Navin Kumar Sharma in Writ Petition No.4856 of 2020, (Virendra Kumar Vs. State of U.P. and others) (Group-II) and Sri Indra Raj Singh in Writ Petition No.14831 of 2020, (Sunil Kumar Singh Vs. U.P. Secondary Education Services Selection Board) (Group-III), as well as Sri Ajit Kumar Singh, learned Additional Advocate General assisted by Sri Sudhanshu Srivastava, learned Additional Chief Standing Counsel for the State-respondents, Sri Shashi Prakash Singh, Addl. Solicitor General assisted by Sri Purnendu Kumar Singh, learned counsel for Union of India as well as Sri Siddharth Singhal, who appears for Uttar Pradesh Subordinate Services Selection Commission.
EXORDIUM
2. Seemingly the pivotal question involved in cluster of petitions which need to be addressed is as to whether the petitioners qualify the definition of Section 2(c) “Ex. Servicemen” as provided under the U.P. Public Services (Reservation For Physically Handicapped, Dependents of Freedom Fighters And Ex-Servicemen) Act, 1993 (In short ‘the Act 1993’) and enjoy desirable qualifications on the last date of submission of the application form stipulated in the Advertisement no.3 Examination/2016 for Village Development Officers (General Selections. 2016) (hereinafter referred to as Advertisement). In order to arithmetically simplify the factual status of the writ petitions qua the petitioners, the above noted writ petitions are being classified into groups.
Group | Petitioner | Date of obtaining C.C.C. Certificates in computer application issued by DOEACC now NIELIT | Date of retirement |
I | 1 | 2017 | 31.7.2016 |
2 | March, 2016 | 30.11.2016 | |
3 | NIL | 29.2.2016 | |
II | 1 | April, 2016 | 1.1.2016 |
III | 1 | NIL | 30.4.2017 |
3. With the consent of the parties, (Group-I) Writ-A No.4817 of 2020 (Sudhir Singh and two others Vs. State of U.P. and six others) is being treated as a leading petition. However, for the sake of clarity, the reliefs sought therein, are being reproduced herein under :-
“(a) Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and quashing the impugned termination orders dated 05.05.2020 passed by the Direct Development Officer, Badaun in reference to petitioner No.1 and petitioner No.2 and impugned termination order dated 28.04.2020 passed by District Development Officer, Balrampur in reference to petitioner No.3 whereby the services of the petitioners on the post of Village Development Officer have been dispensed with treating their appointments as void.
(b) Issue a writ, order or direction in the nature of Mandamus directing the respondents to reinstate the petitioners on the post of Village Development Officer in their respective districts with all consequential benefits.
(c) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(d) Award the cost of the writ petition to the writ Petitioners.”
4. In Writ Petition No.4817 of 2020 (Sudhir Singh and two others Vs. State of U.P. and six others), consequent to the order dated 7.9.2021 passed by this Court in the above writ petition, following reliefs were added:-
“(e) Issue a writ, order or direction in the nature of Mandamus declaring Rule 2(c) of the Uttar Pradesh Public Service (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servic
Section 2(c) of the U.P. Public Services (Reservation For Physically Handicapped, Dependents of Freedom Fighters And Ex-Servicemen) Act, 1993 is intra vires and not in violation of the Article 14 and....
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....
Eligibility criteria for Ex-servicemen in recruitment must align with statutory rules; arbitrary conditions imposed by executive instructions are unlawful.
Proper adherence to ex-servicemen reservation criteria is crucial in public sector appointments, with the potential for supernumerary posts to accommodate deserving candidates.
The validity of the Degree commences from the date of acquisition and relief cannot be denied based on the date of issue of employment notification.
Promotions for SC/ST candidates against unreserved vacancies require quantifiable data proving inadequacy of representation, and any related clarifications issued without such data are unconstitution....
Petitioner/Intervener with regard to violation of Rule 16(1) of Rules, 1958 and FR 56(d) and given a detailed finding that there is no violation of the said Rules, in view of the power of relaxation ....
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