Serving personnel cannot claim ex-serviceman quota appointment without completing full service term and timely reporting despite multiple opportunities.

ORDER 

Hon’ble Mr. RajinderKashyap, Member (A):

By filing the present OA under Section 19 of the Administrative Tribunals Act, the applicant is seeking the following reliefs:-

"1. To quash and set aside the Orders dated 28.1.2025 and 27.3.2025 and direct the respondents to allow the applicant to join the post of Constable (Ex.) in Delhi Police with all consequential benefits.

2. To award costs in favor of the applicant and pass any order or orders, which this Hon'ble Tribunal may deem just & equitable in the facts & circumstances of the case.”

FACTS OF THE CASE

2. Facts, as stated by the applicant, are as under:-

2.1 The applicant joined the office of the respondent No.4 i.e. Indian Army on 13.10.2003. The respondent No.3 issued Recruitment Advertisement-2023 for recruitment to the post of Constable (Ex.) in Delhi Police. The advertisement provided that the employees of defence services who are to retire within one year of the last date to apply, can also apply under the Commando Ex-Servicemen Category.

2.2 The applicant submitted application through proper channel with the assurance that he will be relieved of his duties by September 2024 i.e. within one year of the last date to apply in case he is selected for the post of Constable (Ex.) in Delhi Police.

2.3 The applicant was issued Offer of appointment dt.1.2.2024 on having selected for the post (Annexure A-3).

2.4 The applicant called upon to report at Recruitment Cell, NPL from 21.10.2024 to 29.10.2024 for completion of codal formalities and documents verification. However, the applicant could not appear due to implementation of Agniveer Policy and restriction on premature retirement. He could be allowed to retire only on 31.1.2025 (Annexure A-4). Thereafter, the applicant immediately approached the office of Delhi Police on 2.2.2025 where he was informed that his candidature has already been cancelled vide Order dt.28.1.2025 (Annexure A-1) due to non-reporting.

2.5 Being aggrieved by the cancelation of his candidature, the applicant submitted a representation dt.14.2.2025 along with Two Letters dated 8.2.2025 issued by the office of the respondent No.4 against the Order dt.28.1.2025 and seeking for appointment as Constable (Ex.) in Delhi Police [Annexure A-5 (Colly.)].

2.6 However, vide Order dt.27.3.2025 (Annexure A-2), the applicant's aforesaid representation was rejected by the Delhi Police. Hence, this OA.

3. Pursuant to notice issued by this Tribunal, the respondents have filed their reply opposing the claim of the applicant. Applicant has also filed his rejoinder refuting the contents of the reply filed by the respondents.

CONTENTIONS OF THE APPLICANT

4. Learned counsel for the applicant argued that the applicant had submitted his application through proper channel with the assurance that he would be relieved from his duties by September, 2024, i.e., within one year from the last date of application, in case he was selected for the post of Constable (Ex.) in Delhi Police. It is further evident from the letters dated 08.02.2025 issued by respondent No. 4 that his non-relieving from the Army was not attributable to any fault on his part but was solely due to the reasons mentioned therein. Therefore, the applicant is entitled to be permitted to join the post of Constable (Ex.) in Delhi Police on the strength of his selection in Recruitment-2023.

4.1 Learned counsel also argued that now the applicant has been retired by the Army also in view of his selection in Delhi Police w.e.f. 31.1.2025 prior to receipt/knowledge of Order dt.28.1.2025 by the applicant.