Eligibility criteria for government recruitment, including the timeframe for completing military service in the Ex-servicemen category, must be strictly satisfied as per the terms of the advertisement, and administrative authorities are justified in rejecting candidates who do not meet these conditions within the prescribed period.

O R D E R

Per: SH. RAMESH SINGH THAKUR MEMBER (J):

1. This application under Section 19 of the Administrative Tribunals Act, 1985, is directed against letter dated 30.01.2018, whereby the candidature of applicant for the post of Upper Division Clerk (UDC) has been rejected on the ground that the applicant completed his specified term of engagement of 20 years with the Air Force only on 08.05.2017 instead of within the stipulated period of one year i.e. upto 06.01.2017, from the Closing Date i.e. 06.01.2016. Copy of impugned letter dated 30.01.2018 is annexed as Annexure A-1. The impugned order dated 30.01.2018 has been passed without objectively considering the representation dated 14.11.2017 (Annexure A-3) and dated 20.11.2017 (Annexure A-5) made by the applicant against impugned list dated 10.11.2017 (Annexure A-2) and impugned e-mail message dated 15.11.2017 (Annexure A-4) whereby the result of applicant for selection to the post of Upper Division Clerk (UDC) was withheld.

2. Applicant is also challenging the action of ESIC for insisting for documentary evidence from IAF that the applicant would complete specified term of engagement with the Armed Forces within the stipulated period of one year from the Closing Date i.e. 06.01.2016.

3. By filing this Original Application, the applicant has sought the following relief(s):-

(i) That the impugned letter dated 30.01.2018 (Annexure A-1) along with letter dated 10.11.2017 qua the applicant (Annexure A-2) and dated 15.11.2017 (Annexure A-4) be quashed and set-aside, in the interest of justice.

(ii). That the respondents be directed declare the result of applicant for recruitment to the post of post of Upper Division Clerk (UDC) in the respondent ESIC and give him offer of appointment as per his merit position.

iv). That the applicant be held entitled to all consequential benefits and reliefs, in the interest of justice.

4. The facts as projected in the Original Application are that the applicant initially joined the Indian Air Force as an Airman on 08.05.1997 and served till his discharge on 31.05.2017. He possesses the educational qualification of 10+2+3, having completed his graduation from Chhatrapati Shahu Ji Maharaj University. Meanwhile, the Employees State Insurance Corporation issued an advertisement dated 04.12.2015 (Annexure A-6) inviting applications for various posts including 77 posts of Upper Division Clerk (UDC) in the Punjab Region, out of which 7 posts were reserved for Ex-Servicemen. As per Important Instructions (Clauses K(g) and K(h)), the last date for submission of applications was 06.01.2016, and eligibility conditions for Ex-Servicemen, including completion of engagement within one year from the closing date, were clearly stipulated.

5. The applicant, being eligible, applied under the Ex-Servicemen (UR) category in December 2015 and was allotted Ref. No. 4220355666. He was issued an E-Admit Card (Annexure A-7) and appeared in the Computer Based Test held on 21.03.2016, which he successfully cleared, as reflected in the Combined Merit List dated 03.03.2017 (Annexure A-7/A colly). Subsequently, vide list dated 14.03.2017 (Annexure A-8), he was shortlisted for the Computer Skill Test (CST) scheduled on 24.09.2017, and his name appeared at Serial No. 217 under the General/Ex-Servicemen category. He was also issued a call letter for the said test (Annexure A-9).

6. On 24.09.2017, the applicant appeared for the CST and submitted requisite documents including NOC dated 07.05.2016 (Annexure A-12) and Discharg