Proper adherence to ex-servicemen reservation criteria is crucial in public sector appointments, with the potential for supernumerary posts to accommodate deserving candidates.

JUDGMENT :

Abhinand Kumar Shavili, J.

1. Both the Writ Appeals are being disposed of by way of this common judgment since the issue raised in these two appeals is one and the same.

2. W.A.No.907 of 2023 is filed aggrieved by the order passed by the learned Single Judge of this Court in Review I.A.No.1 of 2023 in W.P.No.16005 of 2019, dated 16.08.2023 and W.A.No.908 of 2023 is filed aggrieved by the order passed by the learned Single Judge of this Court in W.P.No.16005 of 2019, dated 19.01.2023.

3. Heard Sri Goda Shiva, learned Senior Counsel appearing for Sri Mutyala Preetam, learned counsel on record for the appellant, learned Government Pleader for Home appearing for respondent No.1, Sri M.V.Rama Rao, learned counsel appearing for respondent No.2, Sri Ramesh Chilla, learned counsel appearing for respondent No.3 and Sri M.Aravind, learned counsel representing Sri S.Laxmi Kanth, learned counsel appearing for the contesting respondents/respondent Nos.4 to 9. Perused the record.

4. It has been contended by the appellant that he is an ex-serviceman and he has responded to a notification dated 31.05.2018 issued by respondent No.2, for the post of Stipendiary Cadet Trainee Sub-Inspector of Police (for short ‘SCT SI’). In pursuance to the said notification, the appellant has participated in the selection process, but, he could not be selected in the said selections, however, the contesting respondent Nos.4 to 9 were selected to the post of SCT SI under the ex-servicemen quota.

5. Learned counsel for the appellant had contended that the contesting respondent Nos.4 to 8 are ex-servicemen, however, they have not given any undertaking to the appointing authority viz., District Panchayat Officer, that they would claim ex-servicemen reservation when they were appointed as Junior Panchayath Secretaries. As per the Office Memorandum of Government of India, dated 14.08.2014, once an ex-serviceman is employed in a civil post, then he will be governed by civil laws and he cannot claim further ex-serviceman reservation; and if ex-serviceman applied to two or three posts and if the results of one selection are announced at an earlier point of time, then at that point of time, he must have given undertaking to the appointing authority that if he is selected subsequently to another civil post, then he would not claim reservation of ex-serviceman in the subsequent selections.

6. Learned counsel for the appellant had further contended that the appointment of respondent Nos.5 to 8 is contrary to the Office Memorandum dated 14.08.2014. When once, respondent Nos.5 to 8 were already appointed as Junior Panchayat Secretaries by claiming ex-serviceman reservation, they were estopped from again claiming ex-servicemen reservation and the official respondents ought not to have considered their case for appointment to the post of SCT SI.

7. Insofar as respondent No.9 is concerned, as per explanation to Rule 2(16) of the State Subordinate Service Rules, 1996 (for short, Rules, 1996’), which deals with ex- servicemen, it categorically makes it clear that the persons serving in the Armed Forces of Union, who retired from service, would come under the category of ex-servicemen and they may be permitted to apply for re-employment one year before completion of the specified terms of engagement and avail themselves of all concessions available to ex-servicemen but shall not be permitted to leave the uniform until they complete the specified terms of engagement in the Armed Forces of the Union”. Further, explanation to Rule 2(16) of the Rules, 1996, makes it very clear that within one ye