HC rules in favour of ex-servicemen dependents, allows reservation benefit despite interim employment
The assertion came as Justice Harpreet Singh Brar made it clear that the dependents of ex-servicemen could not be penalised for joining interim employment during prolonged and uncertain recruitment processes
The Punjab and Haryana High Court has ruled that the benefit of reservation under the Dependent of Ex-Serviceman (DESM) category cannot be denied on a rigid “once-in-a-lifetime” interpretation. The assertion came as Justice Harpreet Singh Brar made it clear that the dependents of ex-servicemen could not be penalised for joining interim employment during prolonged and uncertain recruitment processes.
Justice Brar also overturned the cancellation of a Grid Substation Operator (GSO) appointment before directing the Haryana power utility to allow the petitioner-candidate to join with all consequential benefits, including seniority and notional pay.
The ruling assumes significance as it settles a recurring issue arising from delayed recruitment processes, where candidates belonging to the DESM category apply for multiple posts while unemployed but are later disqualified for having joined an earlier post due to administrative or legal delays.
The order disposed of two connected writ petitions, while referring to facts taken from a petition filed against the cancellation of an appointment offered to a DESM candidate for the post of GSO. Justice Brar observed the petitioner had challenged the order dated January 14, 2020, cancelling his appointment on the ground that the DESM benefit could be availed only once in a lifetime in accordance with the guidelines issued by the Secretary, Rajya Sainik Board, Haryana, on January 11, 2001.
Justice Brar observed that the guideline could not be read in isolation. Referring to a subsequent clarification issued by the Government of India, Department of Personnel and Training (DoPT), on August 14, 2014, the court observed that ex-servicemen who applied for multiple vacancies before joining a civil post did not forfeit their reservation benefit merely because they joined one post earlier.
“As clarified in the communication, ex-servicemen and their dependants often apply for multiple vacancies, and if an applicant joins civil employment due to early declaration of results or selection, he or she would not be disentitled from claiming the benefit of reservation for subsequent employment merely on the ground that such benefit had been earlier claimed,” Justice Brar observed.
The bench added that denial of such benefit would “adversely affect the prospects of ex-servicemen and their dependents in seeking suitable employment through direct recruitment”. Justice Brar also took note of a Haryana Government communication dated April 13, 2022, making the DoPT clarification applicable to dependents of ex-servicemen as well. As such, the DESM benefit would continue to be available, if a dependent applied for multiple posts before joining any civil employment, subject to furnishing a self-declaration or undertaking.
On facts, the court found it undisputed that the petitioner had applied for both the clerk post (2015 advertisement) and the GSO post (2016 advertisement) while he was unemployed and eligible under the DESM category. While the GSO selection process was delayed due to litigation and stay orders, the petitioner was offered the clerk post in March 2018 and joined in May 2018. The GSO appointment offer came later, in August 2018, after the stay was vacated.
Rejecting the Haryana Vidyut Parsaran Nigam Limited’s contention that the petitioner ceased to be a “dependent” upon joining as clerk, the court held the argument to be “unsustainable in the eyes of law”.
“The eligibility of a candidate under the DESM category must be considered as of the date when such eligibility was to be determined… He cannot be penalised for seeking gainful employment in the interim due to the administrative and legal delays,” the court ruled.
