Central Administrative Tribunal - Delhi
Ex-Sub Maj Rajiv Naharia vs Union Of India on 29 April, 2015
Central Administrative Tribunal Principal Bench OA No.808/2014 New Delhi this the 29th day of April, 2015 Honble Dr. K.B. Suresh, Member (J) Honble Mr. Sudhir Kumar, Member (A) 1. Ex-Sub Maj Rajiv Naharia, Village & PO Karota, District: Mohindergarh (Haryana) 2. Ex-Sub Maj Amar Singh, Village: Kotkasim Near Gurudwara, District: Alwar (Rajasthan) 3. Ex-Sub Maj Pankaj Jain, House No.16, Maruti Estate, Phase-1, Bodla Road, Agra -Applicant (By Advocate: Shri M.K. Bhardwaj) VERSUS 1. Union of India Through Secretary (Defence), Ministry of Defence, South Block, New Delhi 2. Engineer-in-Chief Branch, Integrated HQ of MOD, Kashmir House, Rajaji Marg, New Delhi-110010 3. Commandant, Bengal Engineer Group & Records, PIN:908779 C/o 56 APO 4. Union Public Service Commission, Dholpur House, Shahjahan Road, New Delhi-110003 5. Secretary, DOP&T, Lok Nayak Bhawan, Khan Market, New Delhi-110003 -Respondents (By Advocates: Shri B.K. Barera and Sh. Ravinder Aggarwal) ORDER (Oral) Dr. K.B. Suresh, Member (J):
Heard.
2. Ex-servicemen, who while on the verge of the retirement, in accordance with the extant rules, applied under deputation-cum-re-employment (DCRE, for short). However, the respondent- MES would now state that at that point of time, there was no vacancy and therefore, there was a delay. From 27.04.2011 to 16.04.2012, the prescribed recruitment rules said that even retired persons shall also be considered. Thereafter, w.e.f. 17.04.2012, the Column 11 of the Schedule to RRs was amended for Note 2 to provide that the retired persons would no longer be eligible for DCRE, but only persons who are about to retire, or to be transferred to reserve within a year would be eligible. Therefore, by an amendment in the RRs, the retired persons, who were eligible under rules in between 27.04.2011 to 16.04.2012 were excluded, and it was provided that the amendment dated 17.04.2012 would have retrospective effect. This aspect is covered by the decisions of this Bench in OA No. 2214/2014 & Ors. Decided on 21.05.2014. After serving the country for so many years, if ex-servicemen are made to run from pillar to post to earn further livelihood, it would reflect badly on the governance. UPSC would submit that they had no role in this matter other than to go by the amendment made by the MES in the recruitment rules. The respondents would say that because MES objected to them granting benefit to the persons who have not covered by the extant rules, then the issue arose.
3. It appears that the issue also arose because of nobodys fault. But at that point of time, there was no vacancy, so MES could not have taken any action. Therefore, the word about to retire became irrelevant at that point of time. However, the Bench in the earlier OA had decided the matter proactively and dynamically by holding that by one time relaxation, the concerned applicants would be deemed eligible for DCRE under the recruitment rule whether it is deemed amended or pre-amended. It is also noticed that the word retired shall be deemed to be present; even otherwise also, these measures are made and incorporated in a system as an encouragement for ex-servicemen. Therefore, the way to look at it will be in general public interest and in the welfare of the ex-servicemen. This is a case in which morality cannot be taken away or substracted from legality. Legality must be understood in terms of morality which would be to grant appointment to the ex-servicemen. Therefore, we hold that the applicants are entitled to same benefits as have been extended to other similarly situated applicants in OA No. 2214/2010. The OA is allowed. The process shall commence with a feeling that the applicants have already applied and on the basis of already pending application, it will not be deemed as rejected and even if it is technically be taken as rejected, we hereby rejuvenate it a greater public interest. The benefits that have been made available to applicants in OA No. 2214/2010, shall be made available to the present applicants, within a period of three months from today. No costs.
(Sudhir Kumar) (Dr. K.B. Suresh) Member (A) Member (J) /lg/