Ex-Servicemen Retire Young, Employers Should Not Hinder Their Rehabilitation By Denying Quota Benefits: Punjab & Haryana High Court

Emphasizing the need to honour ex-servicemen who retire at a young age after serving the nation, the Punjab and Haryana High Court has observed that it is the duty of employers not to create obstacles in their rehabilitation by denying them the opportunity of employment under the the ex- servicemen quota.Justice Harpreet Singh Brar said, "The services rendered by ex-servicemen must also be honoured in a practical manner i.e. by providing them opportunities for civil employment. Further still, ex-servicemen retire from the armed forces in large numbers every year, at a comparatively younger age to their civil counterparts. However, the opportunities of their civil employment are not always proportional to the rate at which ex-servicemen are discharged. As such, it is the duty of every employer to not create any unnecessary hindrances to their rehabilitation by denying them employment opportunities under the ex- servicemen quota."The Court explained that, in that vein, "if the essential qualifications laid down for recruitment to civil employment are such that they nullify the benefit of reservation provided to ex-servicemen, the whole exercise would have been in vain." Therefore, the rules must be adequately relaxed to deliver the intended benefits of the reservations made in favour of ex-serviceman, the judge added.These observations were made while hearing the plea filed seeking directions to Haryana Government officials for appointing petitioner Vinod Kumar, an Ex-Servicemen to the post of Junior Engineer(J.E.) (Electrical) w.e.f. the date other persons have been appointed.Counsel for the petitioner contended that the petitioner appeared for an exam for recruitment to the post of Junior Engineer under Ex-servicemen category. Having obtained 51.675 marks against cut off marks of 45.825 for the said category, the petitioner was declared successful. The petitioner wrote an email to the Indian Navy requesting for issuance of necessary certificate of equivalence of the diploma completed by the petitioner during service. The Naval Pension Office informed the respondent-Nigam that individuals holding Naval Trades of CHEL (R)/CHEL(P) may be considered for the post of Junior Engineer (Electrical). Counsel for respondent authorities submitted that the equivalence can only be granted by the expert body under the relevant Rules. The equivalence granted by the Indian Navy cannot be considered satisfactory in terms of the essential qualifications laid down in the advertisement for the post of J.E.(Electrical).After hearing the submissions, the Court said, "It goes unsaid that technical skills gained during service with the armed forces involve the most rigorous forms of training available. The precision demanded by naval operations ensures that the candidates trained in the same are able to acquire mastery over advanced technologies and perform their duties even in high pressure situations."Justice Brar clarified that normally, the Courts ought not to interfere with the selection mechanisms for any employment, especially the conditions laid down regarding educational qualifications. However, the same is warranted in the present matter as it involves delay in recruitment of a well- trained ex-servicemanIn the light of the above, the Court asked the Managing Director of the respondent-Nigam to file an affidavit by the next date of hearing, deliberating therein:(i) When were the essential conditions for the post of J.E.(Electrical) implemented?(ii) How many ex-servicemen have been selected to the post of J.E. (Electrical) since implementation of the said essential qualification?The case is adjourned for October 15.Mr. Sajjan Singh, Advocate for the petitioner.Title: VINOD KUMAR V/S STATE OF HARYANA AND OTHERSClick here to read order

Ex-Servicemen Retire Young, Employers Should Not Hinder Their Rehabilitation By Denying Quota Benefits: Punjab & Haryana High Court

Aiman J. Chishti

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