Ex-servicemen


hi, My problem is that : a person availing status of ex-servicemen is employed in a public sector on probation, whether he is eligible to avail to the same status on re-employment by some other public sector. i seeks a revelent case law which defines "probation period" and examining on the re-employment of ex-servicemen.

 

regards

ankit

 
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Legal Professional

You are entitiled all privilege as entitled  to a person engaged by a public sector for a specified period.  It wonts make any difference whether you are a ex seriveman or not.  Your previlege to get all entitled qotoa of re-employment of ex serviceman till you get your job in a particular company.  Once company short listed you for this job then they put you on probatation period for some time just to see your performance  of the  job where you have been employed by the company being a ex-servicemann.  Hence you are entitled  all previlege as entitled to other employee of the public sector company.  Hope this will meet your requirement.

 
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thanks for your valuable response, but if  a ex-servicemen resigns in  probation period and joins some other public sector will he still be getting the benefit of quota.

 
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Legal Professional

As regards the querry of Mr Ankit.  It is clarified that the the previlege of ex serviceman quota in any public or corporate is admissible till he qualifies the elegibility creteria of the company where he desires to seek  re-employment.  It is his bonafied right which has a constitutanl authority to the ex-serviceman extended by the nation.  Therefore you are free to join any company subject you meet the laid down creteria of the company. Where ever you get the best perks you must switch over.  

Feel free ask any question

Col SP Singh, Former Spl Metropolitan Magistrate Delhi High Court.

 
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Legal Professional

Once an ex-serviceman joins any public sector.  He will not loose his pension but will loose the DA only because he can not get DA from both side however its upto the exserviceman who has to choose the option of either side  of DA as being admitted in his pension or the DA as admissible on the new company^s emoluments which is higher.  This rules also applicable to BSNL as it is also a public sector.  Hope this will meet your requirement.

In case still has some querry pl be free to post.

Col SP Singh,Former  Spl Metropolitan Magistrate Delhi High Court

 
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Legal

Thanks for the valuable information you posted in this forum...

 
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Thankyou Mr. Singh for your response. I am still left with some doubts. 

It is a settled law that an Ex-servicemen cannot avail the benefit of quota if availed once in persuance of a civil employment i.e. He cannot get the privilege of Ex-servicemen in case of second civil emloyment.

In present situation an servicemen applied for a civil service in a bank(a) while he was serving Indian army, as he was aware of the fact that he would be retiring soon. After he was retired, he got selected and was kept on probation for the period of 6 months. Mean time he applied in Bank(b). During the period of probation he was selected in Bank(b), terminated his services with bank(a) and joined bank(b), that too on probation for Six months. After 3 months his service was terminated on an inquiry report on the ground that he has once availed the benefit of Ex-servicement, thus cannot get privilege for the second time.

therefore: 

1. Whether a person can be treated as an ex-servicemen while he is in Service?

2. wheteher an ex-servicemen on probation looses his privilege/quota untill confirmed?

3. whether by an inquiry report amount to sitgma on the employee, if yes then he should have been given the opportunity of hearing.

 

 
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Legal Professional

In case your service has been terminated by the second employer on the plea that you had already availed one chance of entitlment of Ex serviceman quota is unjustified as its hampered the exservicemans to capture the best opportunity in the corporate world as per his calibre after retirement from the services. Since you were on probatation period with the first party therefore seeking no objection certificate from the first employer does not arise.You may knock the door of the court on this subject. Just to more eleboration take the example of a civilian employee in your place who had join the second employer after leaving the first employer on the probatation period. what would have been his fate whether the second employer will terminate his service on the ground of that he has been working on probatation period therefore he is not entitled to be in service with them. I am in the opinion that you engage some good Advocate and get issued a notice for termination of your service.
 
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Legal

I agree with Mr.Singh.

 
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