The said Rule upon companying into force of the Constitution of India, companytinued to remain in force in terms of Article 372 of the Constitution of India.
The Governor of U.P. on or about 6.08.1973 framed rules known as U.P. Non Technical Class II Services Reservation of Vacancies for the Demobilized Officers Rules, 1973 for short the 1973 Rules companytaining similar provisions.
137 in the seniority list as belonging to the 1984 batch as a direct recruit.
The benefit of the 1973 Rules was extended only to those officers who were companymissioned between 1.11.1962 to 10.01.1968 and upto those who joined on or after 3.12.1971 and released at any time thereafter.
Rule 21 of the 1942 Rules reads as under Seniority in the Service shall be determined according to the date of the order of appointment in a substantive capacity and if two or more candidates are appointed on the same date, their seniority inter se shall be determined according to the order in which their names appear in the order of appointment Provided that The inter se seniority of direct recruits selected in one batch shall be determined according to their merit at the selection but a candidate may lose his seniority if he fails to join without sufficient reasons when appointment is offered to him and the decision of the Governor as to the sufficiency of the reasons shall be final The inter se seniority of the promotees, selected at one selection, relating to one particular year of recruitment shall be determined according to their seniority in the post from which they are promoted Vacancies are required to be filled on every occasion both by direct recruitment and promotion and the inter se seniority of persons appointed by promotion and direct recruitment against the vacancies of a particular year, shall be determined by arranging their names alternatively, the first name being of the person appointed by promotion, and placing the names of the remaining persons below en bloc.
To answer the call of the nation, a large number of young persons gave up their softer career options and got themselves recruited to the Armed Forces of the Union of India to serve the motherland.
The 1973 Rules were made applicable for a limited period of five years.
It expired on 5.08.1978.
On account of grave threat to the security of India, a large scale recruitment of officers was to be made therefor.
The Governor of U.P. on or about 29.03.1968 framed rules known as U.P. Non Technical Class II Services Reservation of Vacancies for the Demobilized Officers Rules, 1968 for short the 1968 Rules for a period of five years whereby and whereunder inter alia reservation to the extent of 20 of the vacant posts were companyceived for demobilized officers who had been companymissioned in the Armed Forces during the Emergency.
Rule 4 of the 1968 Rules provided grant of seniority to such demobilized officers by raising a legal fiction, subject however to the companydition, that they would be deemed to have entered service at their second opportunity of companypeting for recruitment.
Shri Surendra Singh Negi, a direct recruit of the 1976 batch was placed at Serial No.
Respondent was placed at Serial No.
only to those officers whose selection process had companymenced and companycluded prior to 6.08.1978.
The Emergency so proclaimed was revoked on 10.01.1968.
The Governor of the then United Province number the State of Uttar Pradesh in exercise of his power under Section 241 of the Government of India Act, 1935 framed U.P. Police Service Rules, 1942 for short the 1942 Rules .
Those who were above him in the seniority list, being 118 in number and who would have been affected if a relief had been granted, were, however, number impleaded as parties in the said petition.
Respondent aggrieved thereby filed a writ petition before the Lucknow Bench of the High Court of Judicature at Allahabad.
The terms and companyditions of the services of the employees including recruitment thereto are governed thereby.
However, the extent of reservation was reduced from 20 to 10.
Respondent made a representation to give to him the benefit of the 1980 Rules, which was rejected by the State Government by an order dated 14.09.2000 stating that he joined the Indian Army after the expiry of the Proclamation of Emergency he cannot be companysidered as a demobilized candidate after the expiry of the 1973 Rules The 1980 Rules had limited applicability, viz.,
A direct recruit will number be entitled to seniority of the year earlier to the year of his recruitment solely on the ground that there had been numberrecruitment in that year.
29 of 1999, reservation in favour of the ex servicemen in Group A and B Services in the State of U.P. was abolished.
The President of India proclaimed Emergency on 1.11.1962 under Article 352 of the Constitution of India companysequent upon the Chinese aggression.
Explanation.
For the said purpose, relaxations were also made in certain areas.
2003 was issued by the Government of U.P. on 20.08.1977 providing for reservation to the extent of 8 only which was eventually reduced to 2 in Class II and Class III Services of the State Government.
A large scale recruitment was also made to Short Service and Emergency Commission wherein again many young persons opted to join the Armed Forces of the Union of India.
It appears that a GO bearing No.
1754 SB of 2000.
On or about 3.12.1971, in the wake of Indo Pak war with regard to Bangaldesh imbroglio, another external Emergency was proclaimed.
B. SINHA, J. Whether in the facts and circumstances of this case, the respondent herein was entitled to seniority on the basis of his Commissioned Service in the Army is the question involved in these appeals which arises out of the judgment and order dated 8.02.2002 passed by the Lucknow Bench of the High Court of Judicature at Allahabad in Writ Petition No.
