Court rules in favor of G P Capt. Jagadish Chandra Sharma, grants regular appointment and consequential benefits, overturning ESIC's cancellation of candidacy.
In a landmark decision, the Delhi High Court has upheld the rights of ex-servicemen in recruitment processes, ruling that G P Capt. Jagadish Chandra Sharma (Retd.) is entitled to age relaxation under the Ex-servicemen Re-employment Rules, 1979. The court quashed the Employees State Insurance Corporation’s (ESIC) decision to cancel Sharma’s candidacy for a professorial position at ESIC Medical College, Faridabad, on the grounds of ineligibility for age relaxation.
The Division Bench, comprising Justice C. Hari Shankar and Justice Vinod Kumar, delivered the judgment on July 7, 2026, affirming the Central Administrative Tribunal's earlier decision. The tribunal had directed ESIC to proceed with Sharma's regular appointment based on his successful interview for the post of Professor of Obstetrics and Gynaecology.
Sharma, an ex-serviceman who served in the Indian Air Force, applied for the professorial post after his superannuation in June 2019. Despite being provisionally selected, his candidacy was later canceled by ESIC, citing non-fulfillment of age relaxation criteria. The court, however, found that Sharma met the criteria under Rule 5 of the Ex-servicemen Re-employment Rules, which allows age relaxation for those who have completed the prescribed period of military service.
The court criticized ESIC’s reliance on an incorrect interpretation of the Office Memorandum issued by the Department of Personnel and Training, which was used to challenge Sharma's ex-serviceman status. The judgment emphasized that decisions must stand on the reasons explicitly stated and cannot be justified by subsequent explanations.
Furthermore, the court clarified that the tribunal's directive for Sharma's regular appointment does not equate to the regularization of his contractual employment. Instead, it recognizes his right to regular employment based on the initial selection process.
While the court acknowledged that Sharma has surpassed the age of superannuation, it granted him all consequential benefits, including pay fixation and recalculation of retirement benefits, as if he had been a regular employee.
The ESIC has been instructed to implement the court’s directions within four weeks, ensuring the disbursement of any arrears to Sharma.
This judgment reinforces the protective measures for ex-servicemen in public sector employment and underscores the importance of adhering to statutory provisions in recruitment processes.
Bottom line:-
Ex-servicemen status - Entitlement to age relaxation under Rule 5 of Ex-servicemen Re-employment Rules, 1979 - Candidate applying for civil posts after completing prescribed period of Armed Forces service qualifies as ex-serviceman and is entitled to age relaxation under Rule 5.
Statutory provision(s): Ex-servicemen Re-employment Rules, 1979, Rule 5; Office Memorandum by the Department of Personnel and Training, April 3, 1991; Office Memorandum by the Department of Personnel and Training, March 4, 2019.
