Rajasthan High Court Dismisses Petition of Ex-Serviceman Seeking Reservation Benefits for New Post
Court Rules Probationary Appointment in Substantive Vacancy Precludes Further Reservation Claims
In a significant judgment, the Rajasthan High Court, Jaipur Bench, presided over by Mr. Anand Sharma, J., dismissed the petition filed by Narendra Singh, an ex-serviceman seeking appointment as Junior Accountant under the ex-servicemen category. The Court ruled that Singh, currently serving as a Village Development Officer (VDO) on probation, cannot claim reservation benefits for another post as his appointment was against a substantive vacancy.
The petitioner argued that his probationary status and the fixed remuneration he receives classify him as a temporary employee, thereby entitling him to reservation benefits for the Junior Accountant position. However, the Court held that a probationer appointed through regular recruitment against a substantive vacancy is not a temporary employee.
The judgment clarified that under Rule 7(30) of the Rajasthan Service Rules, 1951, a probationer is defined as a person appointed against a substantive vacancy, which excludes them from the category of casual, ad hoc, or temporary employees. The Court emphasized that reservation benefits for ex-servicemen are a one-time benefit meant for their initial re-employment and cannot be claimed repeatedly.
The ruling drew upon the precedent set in Lokendra Singh v. State of Rajasthan, where it was established that employees appointed against substantive vacancies through regular selection must be considered as holding the post substantively, irrespective of their probationary status.
The Court further noted that Rule 2-A of the Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988, does not extend reservation benefits to those holding regular substantive posts, even if they are on probation. The legislative intent is to provide reservation benefits to ex-servicemen engaged in non-regular employment, such as casual or temporary positions.
In dismissing the petition, the Court underscored the policy rationale that reservation benefits are not a perpetual device for career progression within government service but are intended to facilitate initial re-employment of ex-servicemen.
The judgment reaffirms the stance that once an ex-serviceman secures a substantive appointment through regular recruitment, their eligibility for further reservation benefits ceases, aligning with the statutory scheme and established jurisprudence.
Bottom Line:
Service Law - An ex-serviceman appointed as a probationer against a substantive vacancy in regular government service cannot claim the benefit of reservation for ex-servicemen in another recruitment, as probation is deemed a part of substantive appointment and not temporary employment.
Statutory provision(s): Rajasthan Civil Services (Absorption of Ex-Servicemen) Rules, 1988 - Rule 2-A, Rajasthan Service Rules, 1951 - Rule 7(30)
Narendra Singh v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2782680
