The Madras High Court clarified that the proviso to Section 3(j) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 applies only to ex-servicemen already recruited at the time of application. This ruling ensures that ex-servicemen, who are not recruited on the date of application but are recruited later, remain eligible for concessions when applying for higher posts.
Key Observations by the Court
A division bench of Justice MS Ramesh and Justice AD Maria Clete ruled that the rights of ex-servicemen to claim concessions must be assessed based on their status at the time of application. The court noted that subsequent recruitment before the results of a higher post are published cannot negate those rights.
The court emphasized that procedural delays, such as late publication of results, should not penalize ex-servicemen. It further explained that accepting a lower post due to immediate availability does not disqualify an applicant from claiming benefits for a higher post.
Background of the Case
The case arose from an appeal filed by the Tamil Nadu Public Service Commission (TNPSC) against a single judge’s order. The order directed TNPSC to consider ex-servicemen’s eligibility for Group II posts, even though they had joined Group IV posts earlier.
Ex-servicemen argued they had applied for both Group II and Group IV posts. He was recruited to Group IV due to earlier result publication. When the Group II results were announced, their claims for appointment were denied. TNPSC relied on Section 3(j), which bars ex-servicemen already recruited from claiming further concessions.
Court’s Interpretation
The court ruled that the proviso to Section 3(j) does not bar them from claiming concessions for multiple posts if they were not recruited at the time of application. It stated that the eligibility for concessions must be assessed as of the advertisement date. It should not retroactively be altered by subsequent recruitments.
The court highlighted that the proviso aims to prevent repeated claims by already employed ex-servicemen. It does not penalize them for procedural delays. It held that the rights of candidates crystallize on the application date, and later developments cannot invalidate those rights.
Conclusion
The Madras High Court ruled in favor of the ex-servicemen. Thus, stating that procedural delays or subsequent recruitment should not negate their claims for higher posts.
