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Judgment
Invoking the jurisdiction of this Tribunal under Section 14 of the Armed Forces Tribunal Act 2007, the applicant has filed this 0.A and the reliefs claimed therein read as under:
(i) Direct the respondents to set aside the cancellation of call up order, if any, issued on 03.06.2021 as per telephonic message/information by the respondents to applicant by which applicant is being denied joining re-enrolment in DSC;
(ii) Direct the respondents to re-employ the applicant for the post of Ex-JCOs in DSC in forth commencing due course in the interest of justice; and
(iii) Pass any other or such further order or orders as deemed fit to this Tribunal in order to secure the ends of justice in favour of the applicant.
The facts of the case briefly stated are that the applicant was enrolled in the Indian Army on 22.04.1991. He was released from service in the rank of Subedar on 30.04.2019. Thereafter, the applicant was called for selection in DSC by Brig. of Guards, Regimental Centre vide letter dated 21.01.2021. He was selected by his Regt Centre for re-employment in DSC as Sub (GD). The applicant was advised to report to DSC Centre, Kannur for re-employment in DSC and to attend Re-Orientation Training JCOs Course No. J-82 commencing from 02.05.2021 to 12.06.2021 at DSC Centre, Kannur (Kerala), as is evident from Annexure A2. The applicant went to DSC Centre, Kannur on 26.04.2021 to attend Re-Orientation Training for JCOs Course Ser No. J-82 commencing from 02.05.2021 to 12.06.2021, but DSC Centre, Kannur sent the applicant back and told that due to Covid-19 pandemic, the training had been postponed and the applicant will be intimated when the said training commenced and the applicant came back from DSC Centre, Kannur.
Surprisingly, the applicant received a telephone call from DSC Centre on 03.06.2021 that he has become ineligible for re-employment in DSC as the gap between discharged from former service to new course (14.06.2021) is more than two years of re-employment in Ex JCOs Course into DSC and that letter would be issued in this regard. However, no such letter has been received by the applicant. On 02.09.2021, the applicant sent a representation to the Director General of Defence Service Corps with copy to Commandant DSC, Kannur, Commandant of Guard Regiment Centre, Kamptee, Senior Record Officer of Guard Regiment Centre, Kamptee, Senior Record Officer of DSC Centre, Kannur and the Chief of Army Staff to give him an opportunity to join the next course as the calamity of Covid-19 was beyond his control. No reply has been received by the applicant so far. It is stated that his colleague, Sub Adyanath Ghosh (Retd), who also reported along with the applicant to DSC Centre, Kannur on 26.04.2021, when he was sent back from the DSC Centre, approached this Tribunal and this Tribunal was pleased to permit him to participate in the next Re-Orientation Course. Hence this 0.A seeking the aforesaid reliefs.
The issue of cancelling the re-employment of a person with regard to second engagement in the DSC and the disqualification on account of reasons beyond the control of the employee due to Covid-19 pandemic has been the subject matter of consideration of this Tribunal in the case of Sub Adyanath Ghosh (Retd) v. Union of India and others (0.A No. 1051 of 2021 decided on 01.09.2021), wherein the issue was discussed in detail in the following manner:
Considering the fact that the only objection raised by the respondents in the counter affidavit is that the applicant was over age and, therefore, he cannot be permitted to participate in the course, we find that the applicant became over age because of reasons beyond his control which were cancellation of the first examination and the pandemic of COVID 2019 which adversely affected certain rights of the applicant in the manner of postponement of course and thereby making him ineligible. There being extra ordinary situation in the matter, the respondents should have risen to the occasion by exercising their discretion, which, prima fade, they have not done.
Taking note of the aforesaid, we direct that subject to final decision of this OA, the respondents shall permit the applicant to participate in the course commencing from 20th September, 2021.
In these circumstances, the 0.A is allowed directing the respondents to permit the applicant to participate in the next Re-Orientation Training JCOs Course to be commenced. No order as to costs.
At this stage, learned counsel for the respondents made an oral prayer seeking leave to appeal to the Hon'ble Supreme Court. As there is no point of law of general public importance involved in this decision, the said oral prayer is rejected.