Key Points

The judgement came from a bench headed by Justice Anand Sharma, who dismissed a petition filed by former soldier Narendra Singh.

Singh had secured a government job as a Village Development Officer (VDO) under the ex-servicemen quota and later applied for the Junior Accountant Recruitment 2023 under the same category. The petitioner argued that he should be allowed to apply again under the quota because he was serving on probation, which he claimed was a temporary position. He also highlighted that the Junior Accountant post offered a higher pay scale than his current role.

However, the court rejected these arguments, stating that probation does not equate to temporary, casual, or contractual employment.

“An employee appointed to a substantive post, even if on probation, cannot be treated as a temporary or contract employee. His appointment has been made through due process,” the court said.

The bench made it clear that the reservation for ex-servicemen is a one-time benefit to help them secure initial employment in government service. Once an ex-serviceman is regularly appointed to a post, they are no longer eligible to claim reservation benefits for other roles.

“The comparative attractiveness or higher pay of another post does not entitle a person to reuse reservation benefits that have already been exhausted,” the court stated.

Dismissing the petition, the court emphasised that accepting such arguments would lead to misuse of the reservation system and deprive genuinely unemployed ex-servicemen of opportunities.

The ruling underscores the principle that job reservation is meant to assist in re-employment after military service and not to provide repeated advantages in the competition for government posts.

- IANS