Ex-servicemen

Sir,, I have gone through this site since I am facing this problem . Now I am employed in psu doing probation. I got result from another bank now, in which I had given interview before I joined here. Sit whether u have any govt orders regarding this? Plz reply

The rule clearly says if an exserviceman who has secured a job on the govt side is not elligble for availing the benefits of exservicemen second time.  secured a job means issue of services confirmation letter from employer after successfull completion of probation period.  The fact should be borne in mind that during probation period employer as well as employee both are free to take decision, means whenever employer wants to remove the employee, he/she can do so and similarly employee also can resign as and when he or she decides to do so.  The summary is that Until the services are not confirmed of an employee or he has not received the confirmation letter from his employer, his services cannot be treated as 'secured'  Hence during probation period if some one resigns and accepts better employment from second employer, he can do so and no body can stop him from availing the benefits of reservation to exservicemen.

Thanks

Narender Sharma

Sir,

    I have purchased Swami's book, but there is nothing in it regarding 'shifting of employment during probation period for Ex-servicemen'. It only says Ex-servicement quota can be availed more than one time in temporary post.  Is any court order which will be helpful for me, to disclose the previous employment details to the new employer. So that i will be tensed free throughout my next carreer with out concealing this matter to my new employer. because if at any point of time my new employer may find it and it won't be good for me too.

Now i am facing a new problem relating to the above one. I received PRAN card through my first employer(PSU) last month. When i will join another PSU later, how can i disclose the PRAN number to them ? They might ask how i get this PRAN card or trace my previous employer with that number? What should i do? plz help me out.

Dear Friend,

I have been trying to find answer to this particular query all over. But I am yet to get clear pic. I sought info from DoPT under RTI Act. I was informed of 2 OM's which deal with the matter. Going through both OM's, I got to understand that benefit of reservation will be provided to Ex-SM only once, however no such capping on age relaxation. However, there's one exception to this rule which state that in case the first time benefit was for a temporary, contractual or adhoc job, he can avail second benefit for reservation.

However, it is nowhere stated whether the probation period comes under temporary or a permanent job. My question in this regard was replied that CPIO is not suppose to create info or give clarification. My understanding of law says that if someone has suffered b'coz of this confusion of rule, he should approach to court of law (High Court or CAT) as they are the only authority to give clarification in this regard. My opinion says this should be treated as temporary job as this period give employers all powers which they exercise over temporary employees. Am I right Col SP Singh Sir?

Dear friend, Do you have such clarification from any competent authority? or is it mentioned somewhere in any order/rule? As our own interpretation of rule can't be termed as correct interpretation, it need legal sanction. Pls inform, it will help many people.

Sir is there any standing rules to support your opinion. If so, please post it . Thanks.

Narendra Sir, your judgement is justified. But, is there any standing OM, or Govt. order to support this. If so kindly post it here for the benefit of the whole feternity.

Col Sp Singh Sir, Please reply urgently and help us out of this imbroglio.

Dear Pradeep, 

Swamy's book can't have information which is not available with DoPT itself.  There are 3 OM's which deal with the matters of second time benefits. All should be available on DoPT website.

Ministry of Home Affairs OM No. 36034/27/84-Estt.(SCT) dated 02/05/1985

Ministry of Home Affairs OM No. 36034/21/87-Estt.(SCT) dated 07/11/1989

DoPT OM No. 36034/6/90-Estt.(SCT) dated 02/04/1992

Among these 2nd one is most important as it supersedes 1st. 

Its main content is "it has been decided that the provisions contain in this dept OM dated 2.5.1985 shall not apply to those ex-sm who have been re-employed by Private Companies/Autonomous Bodies/Public Sector Undertakings/Govt offices on 'casual/contract/temporary ad hoc basis and who can be removed from such service at any time by their employer'"

So the word 'probation' is not used anywhere in any OM as even DoPT failed to reply whether probation comes under temporary category or not. As per informal information from previous SSC Chairman, in SSC's opinion, the day an Ex-SM joins any govt./PSU/PSB job, he looses his reservation for any further job. As i mentioned earlier, matter can best be decided by courts of law.

the 3rd is abt age relaxation after joining civil jobs.

Dear Narendra

Since subordinate courts are part of state functionary, the rules of central govt are not binding on them. you have to go through the rules of pay fixation on re-employment in NCT of Delhi. I am mentioning you the reference which I was informed in reply to my RTI on same subject to Finance Dept of NCT. 

The subject rules are contained in Chapter 44 of Establishment & Administration Manual under Regulation of pay on re-employment. There are 9 pages on these regulations. Manage to get a hand on it and follow accordingly. 

However, I would like to caution that you must make proper calculation before getting pay fixation as you will have to forgo your DA on pension (as you will opt) for whole life. In fixing pay, your MSP will not be taken in account if you are a post 2006 retiree.

As far as central Govt pay fixation is concerned, DoPT OM Nos. 3/1/85-Estt.(Pay II) dtd 31.7.86 read with 3/19/2009 Estt.(Pay II) dated 05.4.2010 deals with matters. There's one more OM dated 08.11.2010 for clarification. Based on these Dept of Financial Services and Dept of Public Enterprises frame rules for PSBs and PSUs respectivly.

Dear Subrata, 

Firstly check out if you have been selected on Reservation for Ex-SM basis, and if so, your fear is quite reasonable but  i can suggest that no information should be hidden from employer and they act against you, approach court..

Dear Members,

I have a question for which I am unable to find a correct answer. Hope someone among you may be able to help me.

My question is :

An Ex-serviceman who has joined a central government group 'c' job by direct recruitment with out availing the benefits of reservation given to ex-servicemen (except age relaxation) wishes to switch his job to a nationalised bank after three years of service at the said central government post.

 Is he entitled for the benefit of reservation given to ex-serviceman ?

Dear Vijayraj,

To take your specific query, let me ask you one straight question. On what basis, you have drawn the conclusion that "Éx-SM joined a central government group 'c' job by direct recruitment with out availing the benefits of reservation given to ex-servicemen? " ?????????????   are(ex ?cept age relaxation)

Dear Joginder,

Thank you for your response.

The thread of this discussion is to get clarity on various OM's issued by DoPT on job reservations of Ex-servicemen in central government jobs.

It is understood by the OM's issued by DoPT that an ex-serviceman can avail the reservation for a central government job only once.

In case if an ex-serviceman applies for a central government job which is not reserved for ex-serviceman and secures the job by competing with other applicants , his eligibility for availing the benefits of the reservations given to ex-serviceman for joining another service like nationalized banks ceases or not ?

Dear Vijayaraj,

The Ex-SM quota will be availed only when it is available means that if you apply for a job where there is no reservation of Ex-SM, you compete in your natural category, secure a job then you are not availing your Ex-SM quota. You can can avail your quota at a later stage. However if the posts are reserved for Ex-SM and even if you score more marks than cut off for General candidates, still it will be assumed that you have availed Ex-SM reservation.