Delhi HC Orders ESIC to Hire Retired IAF Officer, Upholds Ex-Serviceman Status After 20 Years
Updated
Updated · Live Law - Indian Legal News · Aug 13
Delhi HC Orders ESIC to Hire Retired IAF Officer, Upholds Ex-Serviceman Status After 20 Years
1 articles · Updated · Live Law - Indian Legal News · Aug 13
Summary
Delhi High Court ordered ESIC to appoint a retired Indian Air Force medical officer as Professor, ruling his 8 July 2020 candidature cancellation was unlawful.
20 years of qualifying service was the key threshold, the bench said, and retired personnel who apply after completing that period still qualify as ex-servicemen for re-employment benefits.
1 year before retirement is only a bar for those applying too early, the court held; it does not exclude applicants who have already retired and completed the prescribed service.
The bench also said ESIC could not defend the cancellation with fresh reasons later, relying on Supreme Court rulings that administrative orders must stand or fall on the grounds originally stated.