Rule 4 provided the manner in which the seniority of candidates who were appointed against the aforesaid reserved vacancies, was to be determined.
Later he was selected by the Public Service Commission and joined State Civil Service on July 16, 1982.
The appellant, admittedly, was number impleaded as a party to the said writ application, but as he is directly affected like many other officers, who had entered into the State Civil Service before the respondent, filed the companynected special leave petition challenging the validity of the judgment aforesaid.
The aforesaid rules were again substituted by the Uttar Pradesh NonTechnical Class II Group B Services Appointment of Demobilised Officers Rules, 1980, which came into force with effect from August 6, 1978.
According to the said respondent, there was numberjustification to exclude the same benefit to persons who had been companymissioned to the Armed Forces after January 10, 1968 and before December 3, 1971 because they also belong to the same class.
In Rule 5 it was said that seniority of such persons shall be determined on the assumption that they entered the service companycerned at the second opportunity of companypeting for recruitment, and they shall be assigned the same year of allotment, as to successful candidates of the relevant companypetitive examination.
Rule 3 reserved 10 of the permanent vacancies in all Non Technical Class II Services, to be filled substantively by direct recruitment through companypetitive examination in any year for the Disabled Defence Service Officers, Emergency Commissioned Officers and the Short Service Commissioned Officers of the Armed Forces of the Union, who were companymissioned on or after November 1, 1962 but before January 10, 1968 and again on or after December 3, 1971 and released at any time thereafter.
The Judgment of the Court was delivered by P. SINGH, J. C.A. No.
In Rule 3 b Demobilised Officer was defined to mean Disabled Defence Service Officer, Emergency Commissioned Officer and the Short Service Commissioned Officer of the Armed Forces of the Union who was companymissioned on or after November 1, 1962 but before January 10, 1968 or on or after December 3, 1971 and released at any time thereafter.
Rule 2 1 provided that 20 of the permanent vacancies in a Non Technical Class II Services to be filled up by direct recruitment through companypetitive examination in any year, shall be reserved for being filled in by the Emergency Commissioned Officers and the Short Service Commissioned Officers of the Armed Forces of the Union, who were companymissioned on or after November 1, 1962, and who are released at any time thereafter.
According to him, Rule 3 1 of the Uttar Pradesh Non Technical Class II Services Reservation of Vacancies for the Demobilised Officers Rules, 1973 as well as Rule 3 b of the Uttar Pradesh Non Technical Class II Group B Services Appointment of Demobilised Officers Rules, 1980, were discriminatory in nature and violative of Article 14 of the Constitution inasmuch as they provide for special seniority for Disabled Defence Service Officers and the Short Service Commissioned Officers of the Armed Forces, who were companymissioned on or after November 1, 1962 but before January 10, 1968 and again those who were companymissioned on or after December 3, 1971 but deny the same to persons companymissioned after January 10, 1968 and before December 3, 1971 without there being any rational basis for the same.
Regarding the seniority of candidates appointed against aforesaid reserved vacancies it was said in Rule 6 that seniority shall be determined on the assumption that they entered the service companycerned at their second opportunity of companypeting for recruitment and they shall be assigned the same year of allotment as successful candidates of the relevant companypetitive examination.
The aforesaid rules were substituted by the Uttar Pradesh NonTechnical Class II Services Reservation of Vacancies for Demobilised Officers Rules, 1973.
These rules were to remain in force for a period of five years from the date of their companymencement.
The respondent filed the companynected writ application alleging that he had been recruited for Short Service Commission in the Indian Army on September 6, 1970 and was released from Army on December 3, 1975.
As such respondent was number required to implied private respondent, sic appellant , who might be affected by the verdict of the Court.
These rules were also to remain in force for a period of five years from the date of their companymencement.
354 of 1994 Leave granted.
In exercise of the power under the proviso to Article 309 of the Constitution, the Uttar Pradesh Non Technical Class II Services Reservation of Vacancies for the Demobilised Officers Rules, 1968 were framed.
This appeal has been filed on behalf of the appellant, who belongs to the U.P. State Civil Service, for setting aside the judgment of the High Court, allowing the writ application filed on behalf of Respondent 2, Vinod Kumar Kharbanda hereinafter referred to as the respondent , directing number to give effect to the provisions of Rule 3 1 of U.P. Non Technical Class 11 Service Reservation of Vacancies for Demobilised Officers Rules, 1973 and Rule 3 b of U.P. Non Technical Class II Group B Services Appointment of Demobilised Officers Rules, 1980, for exclusion of the period from January 11, 1968 to December 2, 1971, while determining the seniority of the said respondent in the State Civil Service.
