Supreme Court Rejects Appeals of Ex-Servicemen Seeking Village Development Officer Appointments in Uttar Pradesh
Last Updated on November 1, 2023 by News Desk
The Supreme Court rejected the pleas of three appellants seeking appointments to the Uttar Pradesh State Service as village development officers. After being released from the Armed Forces in 2016, the appellants applied for the village development officer positions advertised by the UP Subordinate Services Selection Commission, and as of a prospective date, they were classified as ex-servicemen.
The Commission determined that their appointments were null and void because, at the time of their applications, they were not ex-servicemen and lacked the requisite qualification.
The Bench of Justices Vikram Nath and Ahsanuddin Amanullah dismissed their appeal, stating that the basic question on eligibility has to be determined on the basis of the cut-off date.
The Court came to the conclusion that all of the appellants were still serving at the time of the advertisement and could not be classified as ex-servicemen. Despite the appellants’ actual service on the relevant date, the Court further reviewed the applicable rules and explanations to the advertisement and concluded that they did not suggest that they may be considered Ex-Servicemen from a future date.
The counsel for the appellants contended that when the appointment letters were actually issued in May 2019, the appellants stood released from the Armed Forces.
The State’s position was that the appellants’ request to be considered as ex-servicemen on the date of appointment is obviously against established legal precedent.
The court further stated that events may arise between the date of a certification and the prospective date of release, even if it is granted to an individual specifying a future date until which they would be employed.
In conclusion, the Supreme Court dismissed the appeal and directed that any payments made to the appellants for the period they have actually worked as Village Development Officers shall not be recovered.
Case Title: SUDHIR SINGH AND OTHERS V. STATE OF U.P. AND OTHERS
Written by: Srijan Raj @raaj_srijan
