Calcutta High Court (Appellete Side)
Major Sandeep Kumar De vs Union Of India & Ors on 21 April, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1
80 21.04.2014
W.P. 709 (W) of 2013
gd
Major Sandeep Kumar De
Vs.
Union of India & Ors.
Mr. Soumik Ganguly
..for the Petitioner
Mr. R.K. Majumder
Mr. P. Basu
Mr. N. K. Roy
..for Respondent Nos.2 and 3.
The grievance of the petitioner, a failed candidate at a recruitment of ex-servicemen as security personnel of Coal India Limited, complains against the faulty process adopted by the coal company in allowing persons who were then actively in service to participate in the selection process. The petitioner says that since the advertisements referred to ex-servicemen, any person who was in service at the time of the application for the job was ineligible and only such persons who were not attached to the regular services and possessed the other eligibility criteria were entitled to participate in the selection process.
There does not appear to be any basis or seriousness to the point sought to be canvassed on behalf of the petitioner. The effective date would, in such a case, be the date of appointment or the date of joining and as long as a candidate has severed the ties with the services at the time of his taking up an assignment, no objection can be raised on the ground 2 that the person may not have been, technically, an ex- serviceman at the date that he applied or at the date when the selection process began or he participated thereat.
W.P. 709 (W) of 2013 is dismissed.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Sanjib Banerjee, J.) 3