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PETITIONER: DILBAG SINGH

       Vs.

RESPONDENT: STATE OF U.P. AND OTHERS

DATE OF JUDGMENT08/05/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  1995 SCC  (4) 495        1995 SCALE  (3)699

ACT:

HEADNOTE:

JUDGMENT:           O R D E R      Leave granted.      We  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. Advertisement 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. Since 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.      It is  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  It was  contended in  the High Court that since 1973  Rules were  withdrawn w.e.f. August 6, 1978, the appellant is  not  entitled  to  the  benefit  when  he  was recruited in  the year  1979.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. Thereby 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which is now made part of the record, the Government have clarified  that all  benefits, except  the reservation, were withdrawn  by the  notification issued w.e.f. August 6, 1978.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

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entitled to the seniority as per 1980 Rules.      The   appeal    is   accordingly   allowed   with   all consequential benefits. No costs.