LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

AB (officer)     07 February 2015

Rule changed effecting my carrer

I joined defense job in Oct 2009, (my dob -18 dec 1983) as short service commission , Rules for Permanent commission was- At the time of examination age should be less than 28 yrs as on 31 dec of the year of application ,from this age, service done ( till 31 mar of the year of application) will be deducted.

I applied for permanent commission exam first time in 2012 ( after completing mandatory 2 yrs of service).

 In 2012 exam could not held as directorate was waiting for some change of policy. Policy change came in 2013 ie Age while applying Perm commission is 30 yrs as on 31 dec of year of application, from this amount of service will not be deducted)
 
Few other people filed court case against it in AFT Delhi, verdict came in 2014- that one time age relaxation is given to all and from next exam new rule will be implemented.
 
I appeared in 2014 for 2012 vacancies exam, unfortunately could not clear the exam.Then I applied for 2013 vacancies- my application was rejected as I was over age as per new rule.( As per new rule my age as on 31 dec 2013 was 30 yrs 13 days )
 

I want to ask that Can I challenge this rejection of application , because when I got commissioned rule was different and as per that rule my age as on 31 dec 2013 minus service as on 31 Mar 2013 ( 30yrs 13 days minus 3 yrs 5 months= 26 yrs 7 months)... which is less than 28 yrs as per old rule.




 



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     08 February 2015

Since you have availed the opportunity once, you may not be eligible for the said concession which was given as one time relaxation.

AB (officer)     11 February 2015

@T. Kalaiselvan, Advocate

Sir

For Permanent commission exam 3 chances are given to all.

When I got commissioned the rule was different as I explained in last post and according to that I am eligible for 2nd chance too...I have got only one. Secondly that one time relaxation was given to those who were ineligible as per new rule but during my first attempt I was eligible as per old and new rule .


My query is - how they changed the rule in between and implemented from previous batches..Had I know about new rule I would not have joined also.

Advocate/CS Sanjeev Kataria ( Advocate)     17 February 2015

You can approach the court by taking the plea of "doctrine of legitimate expectation".  


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register