Now Reading: Retired Armed Forces Personnel Entitled to Ex-Serviceman Status for Re-employment: Delhi HC
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Retired Armed Forces Personnel Entitled to Ex-Serviceman Status for Re-employment: Delhi HC
Retired Armed Forces Personnel Entitled to Ex-Serviceman Status for Re-employment: Delhi HC
The Delhi High Court ruled that a retired armed forces personnel who applies for re-employment after completing the prescribed qualifying service is entitled to ex-serviceman status. The court held that eligibility cannot…
The Story in Brief
The Delhi High Court ruled that a retired armed forces personnel who applies for re-employment after completing the prescribed qualifying service is entitled to ex-serviceman status. The court held that eligibility cannot be denied by supplementing fresh reasons later. The case involved a medical officer who superannuated from the Indian Air Force in June 2019 and applied for a professor post at ESIC Medical College. ESIC cancelled his candidature, but the court said he qualified as an ex-serviceman since he applied after completing service. The court relied on Supreme Court precedents that orders must be judged on the reasons given.
The Indian Opinion
The Delhi High Court's ruling is a welcome check against bureaucratic rigidity in interpreting ex-serviceman benefits. The ESIC's attempt to add fresh reasons after cancelling the candidature reflects a common tendency to deny benefits by narrow readings. But the law is clear: once service is completed, a retiree is an ex-serviceman. The test will be whether government agencies now apply this uniformly, or continue to invent new grounds to reject applications. The number of such cases reaching tribunals will reveal the true implementation.
Source: livelaw.in
This story was synthesised by AI from the source linked above.
