Punjab and Haryana High Court Advocates for Equivalence of Ex-servicemen Qualifications in Civil Employment
Court directs relaxation of rules to honor technical skills and ensure employment opportunities for ex-servicemen in Haryana
The Punjab and Haryana High Court has underscored the importance of recognizing the qualifications acquired by ex-servicemen during their service in the armed forces as equivalent for civil employment. The judgment was delivered by Justice Harpreet Singh Brar in the case of Vinod Kumar v. State of Haryana, addressing the refusal of the Haryana government to appoint Vinod Kumar, an ex-serviceman, to the post of Junior Engineer (Electrical) under the ex-servicemen quota.
Vinod Kumar, who served in the Indian Navy, was declared successful for the position after obtaining marks above the cut-off required for the ex-servicemen category. However, his appointment was stalled due to questions over the equivalence of his qualifications acquired during military service. The court was informed that similar appointments had been made for other ex-servicemen in a sister concern of the respondent-Nigam, raising questions of inconsistency in the application of rules.
Justice Brar emphasized that technical skills gained during armed forces service involve rigorous training, equipping ex-servicemen with advanced technological mastery and the ability to operate under high-pressure situations. The court opined that while it generally refrains from interfering in employment selection mechanisms, it finds interference warranted in this case due to an evident delay in recruiting a well-trained ex-serviceman.
The judgment highlighted the need for practical honor of ex-servicemen's services by providing civil employment opportunities, noting that many ex-servicemen retire at a younger age compared to their civilian counterparts, yet face disproportionate employment opportunities. The court stressed that employers should not create unnecessary hindrances to the rehabilitation of ex-servicemen by denying employment under the reservation quota.
In a directive aimed at ensuring the intended benefits of ex-servicemen reservations are realized, the court instructed the Managing Director of the respondent-Nigam to file an affidavit detailing the implementation of essential qualifications for the post of Junior Engineer (Electrical) and the number of ex-servicemen appointed under these qualifications.
The case has been adjourned to October 15, 2025, by which time the respondent-Nigam is expected to provide the court with the requested affidavit. The judgment represents a significant move towards ensuring that the technical skills and service experience of ex-servicemen are adequately recognized and valued in civil employment, potentially paving the way for policy reviews and amendments to better serve the ex-servicemen community in Haryana and beyond.
Vinod Kumar v. State of Haryana, (Punjab And Haryana) : Law Finder Doc id # 2780081
