A
B
DILBAG SINGH
v.
STATE OF U.P. AND ORS.
MAY 8, 1995
[K. RAMASWAMY AND B.L. HANSARIA, JJ.]
U.P. Non-Technical (Class II) Services (Reservation of Vacancies for
Demobilised Officers) Rules, 1980:
C
Rule 5-Benefit under-Applicability of-Officer commissioned on
September 22, 1974 and released on November 30, 1979-Recruitment as
Deputy Collector in 1979-Rule 5 held applicable to such an officer because
rules are retrospective.
D
The respondent-State issued U.P. Non-Technical (Class II) Services
E
(Reservation of Vacancies for Demobilised Officers) Rules, 1973 which
were withdrawn with effect from August 6, 1978 but later re-issued in 1980
and were given retrospective effect with effect from 6.8.1978. These rules
were applicable to Commissioned Officers recruited to the army between
November 1, 1962 to January 10, 1968 and on December 3, 1971 and
released at any time thereafter. The appellant who was commissioned on
September 22, 1974 and released on November 30, 1979 was selected as a
Deputy Collector in 1979 claimed seniority with effect from September 22,
1974 in terms of Rule 5 of the 1980 Rules but was denied the same. The
petition filed by the appellant before the High Court and contested by the
F
Government on the ground that since 1973 Rules were withdrawn with
effect from August 6, 1978, the appellant was not entitled to the benefit as
he was recruited in 1979, was dismissed. Hence this appeaC
G
Allowing the appeal, this Court
HELD : U.P. Non-Technical (Class II) Services (Reservation of
Vacancies for Demobilised Officers) Rules, 1980 have been given retrospec·
live effect with effect from 6.8.1978. Thereby even 1973 Rules must be
deemed to be in operation till 1980 Rules were framed afresh. Therefore,
the appellant is entitled to the benefit of seniority in accordance with Rule
H 5 of the 1980 Rules. [39-D, G, Fl
38
DILBAG SINGH v. STATE OF U.P.
39
f
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5704 of A
1995.
From the Judgment and Order dated 25.04.94 of the Allahabad High
Court in WP. No. 2469 of 1989.
P.P. Rao, Pramod Dayal and Ms. K. Choudhary for the Appellant.
B
D.V. Sehgal, Nalin Tripathi and R.B. Misra for the Respondents.
The following Order of the Court was delivered :
Leave granted.
c
We have heard the counsel on both sides. The Government, exercis-
ing 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 D
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 E
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.
F
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 G
f·
--~,
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. H
40
SUPREME COURT REPORTS [1995] SUPP. lS.C.R.
A In other words, even the right of reservation was maintained during inter-
regnum. Accordingly, the appellant is entitled to the seniority as per 1980
Rules.
The appeal is accordingly allowed with all consequential benefits. No
costs.
B
T.N.A.
Appeal allowed.
Lex