The Himachal Pradesh High Court observed that a person cannot claim any benefit of being an ex-serviceman at a later date if he had taken benefit against Scheduled Caste/ Scheduled Tribe quota.

The Court was hearing an appeal by the State who is aggrieved by the decision in a Writ Petition.

The bench of Chief Justice M. S. Ramachandra Rao and Justice Jyotsna Rewal Dua observed, “As per above instructions once an ex-serviceman has been considered against SC or ST quota, he cannot claim any benefit of being an ex-serviceman on a later date as his selection would be counted against SC/ST slots.”

Advocate General Anup Rattan appeared for the Appellant and Senior Advocate Sanjeev Bhushan appeared for the Respondent.

Brief Facts-

The respondent, Jai Ram Kaundal was an ex-serviceman belonging to the SC category. As per his pleaded case, he had rendered 5 years of service as M.O. (Dental) in the Military at the time of his release by the Army. He accepted his appointment as M.O. (Dental) against the post advertised only for the SC category. The post of M.O. (Dental) at that time was not available for ex-servicemen. The appellant-State advertised a post of M.O. (Dental) for the Scheduled Castes Ex-servicemen category. Respondent claimed his deemed absorption against this post in the Writ Petition which was allowed in his favour.

Hence, the State approaches this Court through this Letters Patent Appeal Appeal.

The Court observed that learned Single Judge noted that the respondent was an ex-serviceman, but he had joined the post that became available immediately after his retirement from Army as he could not wait till the availability/advertisement of the post of ex-serviceman; It was in compelling circumstances that the respondent had accepted the appointment against the post advertised for SC category.

The Court noted that the instructions of the Department of Personnel were in force at the time of the respondent’s appointment as M.O. (Dental) (SC) category & governed his appointment. The Court stated that during the hearing of this appeal, no illegality in instructions was demonstrated.

As per the Court, the respondent’s claim for his deemed appointment as an ex-serviceman (SC) against the later post was not tenable. The Court stated that having accepted the appointment as M.O. (Dental) (SC), and having joined his duty, the respondent cannot be permitted to lay claim for his deemed absorption against the post of M.O. (Dental) (ex-servicemen) (SC category).

The Court further stated no statutory provision/rule/notification was brought to its notice which could confer such automatically deemed absorption/appointment of the respondent on the post of Ex-serviceman (SC).

The Court found merit in the appeal and allowed it. The Court set aside the judgment in Writ Petition.

Cause Title: State of H.P. v. Jai Ram Kaundal


Appellant: Advocate General Anup Rattan, AAG Rakesh Dhaulta, AAG Pranay Pratap Singh, DAG Arsh Rattan, DAG Sidharth Jalta

Respondent: Senior Adv. Sanjeev Bhushan, Adv. Sohail Khan

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