Singh Vs. State of U.P. & Ors  INSC 259 (8 May 1995)
K. Ramaswamy, K. Hansaria B.L. (J)
1995 SCC (4) 495 1995 SCALE (3)699
O R D
have heard the counsel on both sides. The Government, exercising its power
under the proviso to Article 309 of the Constitution, issued U.P. Non-Technical
(Class II) Services (Reservation of Vacancies for Demobilised Officers) Rules,
1973. The same Rules were reissued in 1980. These Rules would be applicable to
officers of Short Commissioned or Commissioned Officer recruited to the army
between November 1,
1962 to January 10, 1968; and on December 3, 1971 and released at any time thereafter. Admittedly, the
appellant was commissioned on September 22, 1974 and was released on November 30, 1979.
was made for recruitment of Deputy Collectors on May 2, 1979. The appellant had applied for and was selected as a Deputy
Collector. He sought for seniority w.e.f. September 22, 1974 in terms of Rule 5 of 1980 Rules.
it was not given, he filed W.P. No. 2469/89 and the High Court of Allahabad
dismissed the writ petition on April 25, 1994.
Thus, this appeal by special leave.
not in dispute that the Rules have been given retrospective effect and,
therefore, the appellant is entitled to the benefit of seniority in accordance
with Rule 5 of 1980 Rules. It was contended in the High Court that since 1973
Rules were withdrawn w.e.f. August 6, 1978,
the appellant is not entitled to the benefit when he was recruited in the year
1979. That appears to be obviously a mistaken stand taken by the Government,
since 1980 Rules have been given retrospective effect w.e.f. 6.8.1978.
even 1973 Rules must be deemed to be in operation till 1980 Rules were framed
afresh. As per the memorandum, Ann.II, which is now made part of the record,
the Government have clarified that all benefits, except the reservation, were
withdrawn by the notification issued w.e.f. August 6, 1978. In other words, even the right of
reservation was maintained during interregnum. Accordingly, the appellant is
entitled to the seniority as per 1980 Rules.