Dear all
A News published from a blogger regarding
Ex-servicemen status for APS personnel as follow
Government
of India, Ministry of Personnel, Public Grievances and Pensions in its order
dated 4th October 2012 published in the Gazette amending the Ex-Servicemen
(Re-employed in Central Civil Services and Posts) Rules 1979 has clarified that
an Ex. Servicemen means Personnel, who were on deputation in Army Postal
Service for more than six months prior to the 14th April 1987. They are
eligible for all the benefits of Ex-Servicemen
Therefore I am going to publish the clarification as
follow:-
Read and confirm the latest amendments
[To be published in the Gazette of India, Extraordinary, Part II,
Section 3, Sub section (i)]
Government of India
Ministry of Personnel, Public Grievances and Pensions
NOTIFICATION
New Delhi, dated the 4th October ,
2012
G.S.R. - In
exercise of the powers conferred by the proviso to article 309 of the
Constitution, the President hereby makes the following rules further to amend
the Ex-servicemen (Re-employment in Central Civil Services and Posts) Rules,
1979, namely:-
1. (1)
These rules may be called the Ex-servicemen (Re-employment in Central Civil
Services and Posts) Amendment Rules, 2012.
(2) They
shall come into force from the date of their publication in the Official
Gazette.
2. In the
Ex-servicemen (Re-employment in Central Civil Services and
Posts)
Rules, 1979
(I) in
rule 2, for clause (c), the following clause shall be substituted, namely:-
(c) An
'ex-serviceman' means a person -
(i) Who
'has served in any rank whether as a combatant or noncombatantin the Regular
Army, Navy and Air Force of the Indian Union, and
(a) who
either has been retired or relieved or discharged fromsuch service whether at
his own request or being relieved by the employer after earning his or her
pension; or
(b) who
has been relieved from such service on medical grounds attributable to military
service or circumstances beyond his control and awarded medical or other
disability
pension;
or
(c) who
has been released from such service as a result of reduction in establishment;
or
(ii) who
has been released from such service after completing the specific period of
engagement, otherwise than at his own request, or by way of dismissal, or
discharge on account of misconduct or inefficiency and has been given a
gratuity; and includes personnel
of the Territorial
Army, namely, pension holders for continuous embodied service or broken spells
of qualifying service;
or
(iii)
personnel of the Army Postal Service who are part of Regular Army and retired
from the Army Postal Service without reversion to their parent service with
pension, or are released from the Army Postal service on medical grounds
attributable to or aggravated by military service or circumstance beyond their
control and awardedmedical or other disability pension;
Or
(iv)
Personnel, who were on deputation in Army Postal Service for more than six
months prior to the 14th April, 1987;
or
(v)
Gallantry award winners of the Armed forces including personnel of Territorial
Army;
or
(vi)
Ex-recruits boarded out or relieved on medical ground and granted medical
disability pension.
(2) for
rule 3, the following rule shall be substituted, namely:-
"3.
Application - These rules shall apply to all the Central Civil Services and
Posts and the posts upto the level of Assistant Commandant in all paramilitary
forces."
(3) in
rule 4,-
(a) for
sub-rule(I), the following sub-rule shall be substituted, namely:-
"(i)
Reservation of vacancies: — Ten per cent of the vacancies in the posts upto of
the level of the Assistant Commandant in all Para-military forces, ten per cent
of the vacancies in Group 'C' posts; and twenty per cent of the vacancies in
Group 'D' posts, including permanent vacancies filled initially on a temporary
basis and temporary vacancies which are likely to be made permanent or are
likely to continue for three months and more, to be filled by direct
recruitment in any year shall be reserved for being filled by
ex-servicemen."
(b) for
sub-rule(2), the following sub-rule shall be substituted, namely:-
"(2)
The Scheduled Castes, the Scheduled Tribes and the Other Backward Class
candidates selected against the vacancies reserved for ex-servicemen shall be
adjusted against vacancies reserved for Scheduled Castes, Scheduled Tribes and
Other Backward Classes, respectively: Provided that if a the Scheduled Caste or
the Scheduled Tribe or the Other Backward Class ex-servicemen is selected
against the vacancy reserved for ex-servicemen and vacancy reserved for the
Scheduled Castes or the Scheduled Tribes or the Other Backward Classes, as the
case may be, is not available to adjust such exserviceman, he shall be adjusted
in future against the next available vacancy reserved for the Scheduled Castes
or the Scheduled Tribes or
the Other
Backward Classes, as the case may be." (c) after sub-rule (3), the
following proviso shall be substituted,namely:-
"Provided
that in case of recruitment to the vacancy reserved for Ex-servicemen in the
Central Para Military Forces, the reserved vacancy remained unfilled due to
non-availability of eligible or
qualified
candidates, the same shall be filled by candidates from non-ex-servicemen
category".
(4) for rule
5, the following rule shall be substituted, namely:-
"(5)
(a) For appointment to vacancies in Group B(Non-Gazetted), Group C or Group D
posts in Central Government, an exserviceman shall be allowed to deduct the
period of actual military service from his actual age and if the resultant age
does not exceed the maximum age fimit prescribed for the post for which he is
seeking appointment by more than three years,
he shall be deemed to satisfy the condition regarding age limit.
(b) For appointment to any vacancy in Group A and
Group B services -or posts filled by direct recruitment otherwise than on the
results of an Open All India Competitive Examination, the upper age limit shall
be relaxed by the length of military service increased by three years in the
case of ex-servicemen and commissioned officers including Emergency
Commissioned Officers or Short Service
Commissioned Officers.
(c) For appointment to any vacancy in Group A and
Group B services or posts filled by direct recruitment on the results of an All
India Competitive Examination, the ex servicemen and Commissioned Officers
including Emergency commissioned Officers or Short Service Commissioned
Officers who have rendered atleast five years military services and have been
released -,(i) on completion of assignment
(including those who seassignment is due to be completed within one year)
otherwise than by way of dismissal or discharge on account of misconduct or
inefficiency; or (ii) on account of physical disability attributable
to military service or on invalidation, shall be allowed maximum relaxation of
five years in the upper age limit.
[File No.36034/(IAM-Estt(SCT)] 711am f-) L
(Manoj Joshi)
Joint Secretary to the Government of India
Note:-
The principal rules were published in the Gazette of India, Extraordinary, Part
II, Section3, Sub- section (i), vide number G.S.R 1530, dated the 15th
December, 1979 and subsequently amended by G.S.R. 973dated 27th October, 1986,
and was last amended by notification No. G.S.R. 333(E), dated 27th March, 1986.
