Benefit of reservation to Ex-servicemen, who applies for various examinations/vacancies before joining civil posts/services

No.36034/1/2014-Estt.(Res.)

Government of India

Ministry of Personnel, Pubic Grievances and Pensions

Department of Personnel and Training

North Block, New Delhi

Dated the 14th August, 2014

OFFICE MEMORANDUM

In terms of this Department’s Notification No.39016/10/79-Estt(C) dated 15th December, 1979 as amended from time to time and which was last amended vide Notification No. 36034/1/2006-Estt (Res) dated 4th October, 2012, the benefit of reservation to ex-servicemen is available at ten per cent of the vacancies in Group C posts and twenty per cent of the vacancies in Group D posts in all the Central Civil Services and posts. Benefit of reservation is also extended at ten per cent of the vacancies in the posts upto of the level of Assistant Commandant in all para-military forces to be filled by direct recruitment.

2. Vide this Department’s O.M. No. 36034/27/84-Estt.(SCT) dated 02.05.1985, it was decided that once an ex-serviceman has joined the Government job on civil side after availing of the benefits given to him as an ex-serviceman for his re-employment, his ex-serviceman status for the purpose of re-employment in Government would cease. It was also decided that on his joining the civil employment, he would be deemed to be a civil employee and would accordingly be entitled to only such of the benefits like relaxation of age etc. as admissible to civil employees in the normal course. Vide this Department’s O.M. No. 36034/21/87-Estt.(SCT) dated 07.11.1989, it was clarified that the instructions of 02.05.1985 shall not apply to those ex-servicemen who have been re-employed or are re-employed by private companies/autonomous bodies/ public sector undertakings/ government offices on casual/contract/temporary ad-hoc basis and who can be removed from such service at any time by their employer concerned.

3. An ex-serviceman at the time of his release or discharge from the armed forces normally applies for more than one vacancy, but in case he/she joins any civil employment due to early declaration of results/selection, he/she is ,not entitled for the benefit of reservation for ex-servicemen for subsequent employment. It has been brought to the notice of this Department that the aforesaid instructions are affecting the chances of ex-servicemen in the case of direct recruitment for subsequent suitable employment.

4. The matter has, therefore, been considered in consultation with Department of Ex-servicemen, Ministry of Defence. It has now been decided that if an ex-serviceman applies for various vacancies before joining any civil employment, he/she can avail of the benefit of reservation as ex-serviceman for any subsequent employment. However, to avail of this benefit, an ex-serviceman as soon as he/she joins any civil employment, should give self-declaration/undertaking to the concerned employer about the date-wise details of application for various vacancies for which he/she had applied for before joining the initial civil employment. Further, this benefit wou’d be available only in respect of vacancies which are filled on direct recruitment and wherever reservation is applicable to the ex-servicemen.

5.The above Orders shall take effect from the date of issue of this Office Memorandum.

6.All the Ministries/Departments are requested to bring the above instructions to the notice of all appointing authorities under their control, for information and compliance.

sd/-

(G. Srinivasan)

Deputy Secretary to the Government of India