Registration Number : DOPAT/E/2014/01815 Name Of Complainant : Manoj Kumar Date of Receipt : 15 Jul 2014 Received by : Department of Personnel and Training Officer name : Ms. Archana Varma Officer Designation : Joint Secretary (AT & A) Contact Address : Room No. 278-A, North Block New Delhi 110001 Contact Number : 23093668 e-mail : [email protected] Grievance Description : Respected Sir/Madam 1. As per DoPT OM No. 36034/27/84-Estt (SCT) dated 02 May 1985, “once an Ex-Servicemen (EXS) has joined the Govt job on civil side after availing of the benefit given to him as an EXS for his re-employment, his EXS status for the purpose of his re-employment in Govt ceases”. EXS are eligible for concessions/ relaxations/ protective discrimination/ reservation of seats in terms of Article 16(1) of the Constitution of India. This benefit is across the category. The same Constitutional provision (Article 16(1)) gives similar benefit to Persons with Disability (PWD), Women and Sportspersons also. PWD/Woman/Sportsperson candidates can take these benefit innumerable times, but EXS only once. Please clarify- (i) Why such negative discrimination is being done with EXS only? (ii) What is the rationale for giving benefit of Article 16(1) only once to EXSM? (iii) Why this ‘only-one-time-usable-weapon’ is in the hand of Military Personnel only? (iv) Further, is EXS of SC/ST/OBC category eligible for benefit of reservation innumerable times in terms of Article 16(4) of the Constitution of India? 2. As per DoPT OM No. 36034/27/84-Estt(SCT) dated 02 May 1985, after first appointment (plus, availing of the ‘benefit’ as an EXS) in civil side, an EXS ceases the status of EXS... . As per OM No. 36034/6/90-Estt (SCT) dated 02 April 1992, he is eligible for age-relaxation for securing another employment in a higher grade, but will not be eligible for the benefit for reservation for EXS. OM dated 02 April 1992 mentions two type of benefits - (i) Benefit of age-relaxation, and (ii) Benefit of reservation. There may be some other kind of benefits also. Please clarify – which kind of availing of benefit(s) by EXS leads to “cessation of his EXS status” for further re-employment in Govt. Further, an EXS might have secured his first civil job without “availing of the benefit given to him as an EXS” or without any “relaxed standards”; then also, will his EXS status ceases in terms of OM dated 02 May 1985? Please clarify. If his EXS status not ‘so-called ceased’, will he be eligible for benefit(s) meant for EXS in second job? Also, if he has joined first civil job without availing of the so-called concession of reservation of vacancies admissible to EXS, will his status as EXS will remain intact for future? 3. Such policies are causing lot of problems to EXS. EXS are eligible to apply for civil job during last one year of service after submission of unwillingness for further extension of service. A serving soldier submits such unwillingness 2 years advance. After such painful and life changing hard decision, his first priority remains to secure any civil job as soon as possible and definitely not after long waiting time since discharge from armed forces. But, the time frame for completion of recruitment process in India varies from 9 months (IBPS), approx 2½ yrs (SSC) to 4-8 yrs (State Govts). Due to this uncertainly, EXS are compelled to join first available/offered job which may not be of his choice, but secured by chance. Later on, he realises that he is not suitable for present job or vice versa. Simultaneously, he comes to know that his status as EXS has ceased now. In such circumstances, either he continues in an organisation/post which he does not like; else, he hides his previous job history and applies again, violating the provisions of OM No. 36034/2/91-Estt-SCT dated 03 April 1991. Both the situation is not desirable. Such EXS lives life in depression or anonymity. Even some organisations also take mis-advantage or black-mails EXS on the ground that his chance of getting another job has ceased now. So such EXS has no option but to join or continue in present job which has been offered. Therefore, it is requested that provision of ‘only one time’ so called benefit of EXS quota may be reviewed and cancelled; or number of chances may be increased to three. Thanking you, Ex Sergeant Manoj Kumar Current Status : RECEIVED THE GRIEVANCE
Posted on: Wed, 16 Jul 2014 11:45:45 +0000
Trending Topics
Recently Viewed Topics
© 2015