Ex.Sub. Major Ashok Kumar Verma vs Ministry Of Defence

S.N. Terdal, J

We have heard Mr. M.A.Niyazi, counsel for applicant and Mr. Hanu Bhaskar, counsel for respondent, perused the pleadings and all the documents produced by both the parties.

In this OA, the applicant has prayed for the following reliefs:

"(a) Allow the present application and issue appropriate directions to Respondent to appoint the applicant as sanitary inspector in integrated headquarters of Ministry of Defence/Defence Staff Headquarters and Inter Service Organizations either as per the vacancy circular No. A/37974/S-II/CAO/R-III dated 07.06.2016 (Annexure A/2) or as per the vacancy circular No. A/37974/S-II/CAO/R-III dated 01.02.2018 (Annexure A/16) as the applicant has already been found eligible for the said post by the Respondent (Annexure A/13).

(b) Pass any other or further orders/directions as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case."

The relevant facts of the case are that the applicant applied for the post of Sanitary Inspector on deputation/re-employment basis in response to the Vacancy Circular dated 07.06.2016 for filling up of two vacancies. At that time the applicant was in service and he was qualified with respect to all eligibility criteria under Ex-serviceman category. Indeed a list of eligible candidates was prepared and he was shown to be eligible, but however, the said notification was cancelled for administrative reasons vide order dated 31.10.2017. On 1.02.2018, another vacancy notification was issued for the same posts with the same eligibility criteria, but, however, by that time the applicant had retired. On the very ground that the applicant had retired though he was eligible otherwise as per the eligibility criteria, he was not considered for appointment as per 2018 vacancy notification. The applicant filed the present OA seeking above stated reliefs.

The counsel for the applicant submits that applicant fulfils all the eligibility criteria and he was found eligible with respect to 2016 notification and as per the interim order dated 29.05.2018, the respondent was directed to consider the applicant who had applied in response to 2016 vacancy notification against the vacancy notification of 2018 and he further submits that it is not only deputation but it is re-employment, therefore, his candidature cannot be rejected.

The counsel for the respondent equally vehemently and strenuously contended that basically the vacancy circulars are for filling up of the posts on deputation basis followed by re-employment and as such those who are not in employment as on the cut-off date cannot be appointed and as the applicant had admittedly retired before the issuance of 2018 vacancy notification, he is not entitled to be appointed on deputation basis. In support of his contention, the counsel for the respondents produced the minutes of the meeting of the Selection Board held on 14.03.2019 in which they have taken into consideration the interim order passed by this Tribunal. The relevant portion of which is extracted below:-

"A Selection Board comprising the following officers was convened on 14 Mar 2019 at 1100 hrs in the Office of Dy.CAO, MPR to Screen the applications & Selection of candidates for appointment to the post of Sanitary Inspector in the integrated Headquarters of Ministry of Defence (Army, Navy, Air Force), Defence Staff Headquarters and Inter Service Organizations on Deputation/Re-employment basis:

Chairman -

Shri Jitendra Kumar, Dy CAO (MPR)

Member -

Shri Priyamvada Sharma, Dy. Dir CAO/Works

Member -

Shri Manish Kumar, Dy. Dir, DGMS-3A

The Board was apprised that there were two vacancies of Sanitary Inspector required to be filled in the Integrated Headquarters of Ministry of Defence (Army, Navy, Air Force), Defence Staff Headquarters and Inter Service Organizations on Deputation/Re-employment basis. The Board was also apprised that a vacancy circular was issued on 07/6/2016 for filling up of 2 vacancies in the grade of Sanitary Inspector on deputation/Re-employment basis. In response to that 08 applications were received. As per RRs prevailing at that time, consultation with UPSC was necessary. However later DOP&T vide its gazette notification dated 03 Jun 2015 have exempted consultation with UPSC for all Group 'B' Post carrying Grade Pay of less than Rs.4800/-.On advise of UPSC/DOP&T the process to amend the Recruitment Rules was initiated and the vacancy circular was cancelled with the approval of JS & CAO. After publication of amended Recruitment Rules on 17 Jul 2017 a fresh vacancy circular was issued on 01 Feb 2018, in response to that only 01 application was received.

Shri Ashok Kumar Verma, who was one of the applicants in response to vacancy circular dated 07 Jun 2016, preferred the application (OA) in CAT (PB) for grant of appointment to the post of Sanitary Inspector on the plea that he was eligible as per RR's of the post and advertisement dated 07 Jun 2016. Hon'ble CAT (PB) while allowing interim relief to the petitioner has directed the respondent (Office of JS & CAO) to consider the candidature of the applicant and the candidature of other persons, who had responded to the Vacancy Circular dated 07/06/2016 alongwith the candidates who have responded vide circular dated 01 Feb 2018.

Therefore the Board is to consider the eligibility of 09 applications in total (08 in response to vacancy circular dated 7 Jun 2016 & 01 in response to vacancy circular dated 01 Feb 2018). The Board perused the following applications:

In response to 2016 Vacancy Circular

In response to 2018 Vacancy Circula

Total

Armed Forces Personnel

05

01

06

Private Candidate

03

NIL

03

Total

08

01

09

As per Recruitment Rules for the Ex-serviceman, the mode of recruitment is By Deputation/Re-employment i.e. Ex-Serviceman are firstly to be appointed on Deputation up to the date they are due for release from Armed Forces, thereafter they may be continued/appointed on re-employment. The Board assessed that o6 Armed Forces Personnel have already retired from their respective service and are not eligible since they cannot be given appointment initially on deputation & thereafter on re-employment basis. The remaining 03 candidates were Private Candidates in-eligible to be appointed on deputation/re-employment basis. Therefore, no applicant is found eligible for appointment on deputation/re-employment basis."

The counsel for the respondent further submitted that applicant though fulfils the eligibility requirement with respect to non-Ex-serviceman category also yet as he is not in service as on the date of 2018 notification, he cannot be appointed on deputation.

We have perused the eligibility criteria in the vacancy notification of 2016 as well as 2018 and in view of the submissions made by the counsel for the respondent and in view of the minutes of the meeting dated 14.03.2019 extracted above, we do not find any illegality or arbitrariness in not selecting the applicant for the said post of Sanitary Inspector on deputation/re-employment.

Accordingly, the OA is dismissed. No order as to costs.