High Court Rules Against Restriction on Ex Servicemen Reservation for State Government Job Candidates - 2025-07-29

High Court Rules Against Restriction on Ex Servicemen Reservation for State Government Job Candidates

In a significant ruling, the High Court of Uttarakhand has struck down Clause 8 of a May 2020 government order that sought to limit the reservation benefits for ex-servicemen in state services. A division bench comprising Justice Manoj Kumar Tiwari and Justice Subhash Upadhyay held that executive instructions cannot be used to curtail rights explicitly granted by a legislative act.

The Legal Dispute

The petitioner, Dinesh Chandra Kandpal, a former Hawaldar in the Indian Army, challenged a directive issued by the Additional Chief Secretary of the Government of Uttarakhand. The impugned clause aimed to mirror a 1985 Central Government office memorandum, which posits that an ex-serviceman who has already secured civil employment by leveraging their status cannot claim those same benefits for a second time.

The State government argued that because defence is a union subject and Central policies often dictate service benefits, it was justified in adopting the "once-is-enough" policy for state-level recruitment.

Statutory Protection vs. Executive Policy

The court’s decision centered on The Uttar Pradesh Public Service (Reservation For Physically Handicapped, Dependents of Freedom Fighters and (Ex-Servicemen) Act, 1993 , which remains applicable in Uttarakhand. The court observed that the Act provides specific quotas for "Purva Sainik" (ex-servicemen) and contains no language suggesting these benefits are a "one-time use only" provision.

Justice Tiwari, writing for the bench, emphasized that executive instructions are meant to supplement statutory rules, not to supplant or contradict them. "Law is settled that executive instruction can only supplement the Statute but cannot supplant statutory provisions," the judgment noted.

Key Observations

The bench highlighted several critical legal principles regarding the hierarchy of laws:

• "There is no provision, either in the definition clause or in other Sections of the Act, which excludes a person from benefits of the Act merely because he secured appointment in State Service."
• "In the absence of any Central Legislation providing benefits to ex-servicemen, Office Memo dated 02.05.1985, issued by Central Government, held the field. Here, facts are entirely different, as in State of Uttarakhand, there is a Legislation providing reservation to ex-servicemen."
• "It is a trite law that the Government cannot amend or supersede statutory rules by administrative instructions."

Implications for Public Service

By setting aside Clause 8, the High Court has reaffirmed that any attempt to redefine the eligibility of ex-servicemen for reservation benefits must come through a formal amendment of the existing legislation by the state assembly, rather than through executive fiat.

This ruling serves as a vital safeguard for veterans, ensuring that their reservation benefits under state law remain intact regardless of their prior employment status, provided they continue to meet the statutory definition of an ex-serviceman. The decision reinforces the constitutional principle that policy decisions made under Article 162 are subservient to statutory rules and legislative acts.