Sukhdev Singh vs State Of Rajasthan And Ors

Instant writ petition has been filed by the petitioner with the following prayers:-

It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to allow this writ petition and by appropriate writ, order or direction be

pleased to

Direct the respondents No.4 & 5 to amend the order dated 01.10.2018 and include the name of the petitioner in the final merit list.

Direct the respondents No.4 & 5 to appoint the petitioner on the post of Junior Accountant in the respondent-Department.

Cost of the writ petition may be awarded in favour of the petitioner.

Any other order or relief which Hon'ble Court deems fit in the circumstance of the matter be also granted to the petitioner.

Brief facts of the case are that pursuant to the advertisement issued by the respondents in the year 2017, the petitioner applied for the post of Junior

Accountant under the Ex-Servicemen Category and the last date for submission of application form was 11.06.2018.

Counsel for the petitioner submits that the respondents have not considered case of the petitioner under the Ex-Servicemen Category on the ground

that he was working in the Indian Navy Services on the date of written test i.e. on 21.07.2018. In support of his contention, counsel further relied upon

the Rules of the Department of Personnel, Government of Rajasthan dated 17.04.2018, more particularly, Rule 6B of the said Rules, which reads as

under:-

6B. Submission of proof of Retirement:- A person who has retired or is retiring within forthcoming one year, after earning his/her pension on the basis

of no- objection certificate (NOC) from the competent authority, shall be eligible to apply for the post but he/she shall have to submit proof of

retirement to the appropriate selection agency/committee.

Counsel further submits that according to Rule 6B, the petitioner who is going to retire within forthcoming one year i.e. on 31.01.2019 is entitled for

appointment on the said post.

Counsel appearing on behalf of the respondents submits that the Rules submitted by the petitioner are not applicable in respondents-Department, as

the respondents-Department is having its own Rules. Counsel further relied upon Annexure-R-1: Amendment in the JVVN Services (Absorption of

Ex-Servicemen) Regulations, 2017 and the service condition of the employees under the Corporation is governed by its regulations and Rule V. (7A)

of the Rules, 2017, which is relevant in the present matter reads as under:-

7A. Submission of proof of Retirement- A person who has retired or is retiring within forthcoming one year, after earning his/her pension on the basis

of no-objection certificate (NOC) from the competent authority, shall be eligible to apply for the post of but he/she shall have to submit proof of

retirement to the appropriate selection agency/committee- ""(a) before appearing in the main examination, where selection is made through two stages

of written examination and interview;

(b) before appearing in examination where selection is made through written examination and interview;

(c) before appearing in written examination or interview where selection is made through only written examination or only interview, as the case may

be

According to the above, before appearing in the written examination or interview, the candidate has to submit his proof of retirement. Counsel further

submits that according to certificate Annexure-6 issued by the Lieutenant Commander Indian Navy, the petitioner is going to retire on 31.01.2019 and

he is entitled to take up civil employment only after 31.01.2019.

Heard counsel for the parties and perused the record. This writ petition filed by the petitioner deserves to be dismissed; for the reasons, firstly, the

Rules of 1998 relied upon (4 of 4) [CW-23505/2018] by the petitioner relates to the State Government Employees, which are not applicable in the

present selection, secondly, admittedly, the petitioner's case does not fall under the Ex- servicemen Category, in view of the regulation 7A of the

Regulations, 2017 issued by the respondents-Department, thirdly, according to certificate issued by the competent authority of Indian Navy, the

petitioner was going to retire on 31.01.2019, therefore, he is not entitled to take up Civil Employment before on 31.01.2019.

In that view of the matter, the present writ petition stands dismissed.