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saurabh (EAR)     11 July 2015

Amendment in effective date of dopt affecting esm

Dear Sir, 
First of all thanks for such a forum where we get help from you. I really appreciate your efforts.

Now about my query. I am an ex service man who served in defence and is retired now. After retirement I joined a central govt deptt in the end of 2013. And I had already applied for other jobs too. But one of them, advertised by SSC for combined graduate level exam, was delayed because of some malpractice in the exam and re exam was organised. So I had joined the other department in 2013.

Earlier an ESM (Ex Serviceman) was allowed to avail his ESM quota for one time only. But on 14 Aug 2014 an OM from DOPT made some changes in the rules. It was mentioned that because of the existing rules many ESMs were not able to secure the best job and they had to settle with the job which declared the result first, there by affecting their future.

So the changes were made that if someone joined any department and had applied for other jobs before joining this, he may be allowed to avail the quota for these jobs too.

But those changes were made effective from date of that OM i.e. 14 Aug 2014. Now as myself and many others had joined the jobs before that OM, we are now not eligible for reservation. SSC has included our names in the result and forwarded the dossiers to concerned department too. 

Now my query is if that OM was to help the ESM secure a better job and ssc has already included our name in the final list is there a way we can get the OM amended from the department and contents to be made effective from earlier date. Since the persons applying in future will get the benefits why only those applied in 2013 are not allowed just because of date while we fulfill all other requirements. And also the vacancies remained unfilled by us will be a loss to department. Is there a way that court can be convinced that this will affect ESMs and the departments too. Where this rule will be in effect for forthcoming jobs, Why not made us eligible too.

Can we have a stand on this. If so what should be procedure from my side. Someone please guide me as this may help many others like me. And if possible please mention the time and fee approx for this.

Thankyou



Learning

 1 Replies

ramesh (Advocate/Council)     25 September 2015

What at the most you can do is send request letter to DOPT with facts, and enclose the same to SSC with a request to extend the date of joining. I feel DOPT may not oblige as it is a policy matter.courts can not interfere in policy matters,that too when letter issued by dopt is with date. Worth trying. All the best.

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