Person Appointed Against Scheduled Caste Or Scheduled Tribe Quota, Cannot Later Claim Reservation Under Ex-Serviceman Quota: Himachal Pradesh High Court
A division bench of the Himachal Pradesh High Court comprising of Chief Justice M.S. Ramachandra Rao, and Justice Jyotsna Rewal Dua, while deciding Letters Patent Appeal in the case of State of H.P. and another vs. Jai Ram Kaundal, held that once a person is appointed against Scheduled Caste or Scheduled Tribe quota, then later they cannot claim reservation under ex-serviceman...
A division bench of the Himachal Pradesh High Court comprising of Chief Justice M.S. Ramachandra Rao, and Justice Jyotsna Rewal Dua, while deciding Letters Patent Appeal in the case of State of H.P. and another vs. Jai Ram Kaundal, held that once a person is appointed against Scheduled Caste or Scheduled Tribe quota, then later they cannot claim reservation under ex-serviceman quota.
Background Facts
After retirement from army in 1993, Jai Ram Kaundal (Respondent) was appointed as Medical Officer (Post I) through reservation in Scheduled Caste category. In 1996, the State (Appellant) advertised a post of Medical Officer (Ex-serviceman) (Post II) in Scheduled Caste category, where reservation was provided to ex-servicemen, to avail benefits of their past military service. Therefore respondent represented that he being an ex-serviceman be directly appointed against Post II.
The State rejected the respondents' representation on the ground that benefit of military service under the Ex-servicemen (Reservation of Vacancies in Himachal Pradesh Technical Services) Rules, 1985, was available only if respondent being an ex-serviceman had directly joined the Post II without joining the Post I.
Aggrieved by the same, respondent filed a writ petition seeking appointment to the Post II on the ground that he was an ex-serviceman, which was allowed by the learned Single Judge. Now aggrieved by the same, the appellant state filed the Letters Patent Appeal.
The appellant contended that as per Department of Personnel Instructions (Instructions), once a person has been considered for appointment against Scheduled Caste or Scheduled Tribe quota, later he cannot claim reservation for being an Ex-serviceman.
On the other hand, it was submitted by the Respondent that being an ex-serviceman he was entitled to avail the benefits of his past Army service. The respondent further submitted that he joined the Post I because it became available immediately after his retirement from Army and he could not wait till the availability of the Post II, so it was in compelling circumstances that the respondent accepted the appointment against the Post I.
Findings of the Court
The court observed from the Instructions that when a person belonging to SC or ST category is appointed under quota of reservation for ex-serviceman, then such appointment would also fall under overall quota of reservation for SC or ST.
The court held that respondent could not claim any benefit of being an ex-serviceman as he was already appointed against scheduled caste quota, hence Respondent's claim for his appointment against the Post II was not maintainable.
The court disagreed with the view taken by the learned Single Judge in the order and accordingly set it aside. Consequently the writ petition was dismissed.
With the aforesaid observations, the Letters Patent Appeal was allowed.
Case No. : L.P.A. No. 126 of 2015
Case Title: State of H.P. and another vs. Jai Ram Kaundal
Citation: 2024 LiveLaw (HP) 13
Counsel for the Appellants : Mr. Anup Rattan, Advocate General, with Mr. Rakesh Dhaulta & Mr. Pranay Pratap Singh, Additional Advocates General and Mr. Arsh Rattan & Mr. Sidharth Jalta, Deputy Advocates General
Counsel for the Respondent : Mr. Sanjeev Bhushan, Senior Advocate, and Mr. Sohail Khan, Advocate