CENTRE AND STATE GOVERNMENT TO CLARIFY WHETHER AN EX-SERVICEMAN CAN APPLY FOR CIVIL POSTS WITHOUT SEEKING RETIREMENT : SAYS ALLAHABAD COURT

Facts-
A petiton was filed by Sudhir Singh (ex-servicemen) and two others through advocate Seemant Singh asking whether ex-servicemen can apply for civil posts while in service.

Arguments of the Petitioner

  1. There are many orders of the army, according to which military personnel can apply for civil posts a year before retiring.

2.The state government should not forget that this benefit is also given to the ex-serviceman so that he can remain in the mainstream society.

Counter Argument-
The contention of state government was that army rules and orders would not apply to state governments.

Observation of the Court-

“Natural justice is a flexible tool in the hands of the judiciary to reach out in fit cases to remedy injustice. The breach of the audi alteram partem rule cannot by itself, without more, lead to the conclusion that prejudice is thereby caused.”

Held-
Justice Ajay Bhanot has asked the Central and the UP state government to clarify on this point.

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