PAWAN PRATAP SINGH Vs. REEVAN SINGH

JUDGEMENT

(1.) In this group of three appeals, by special leave, the question presented for consideration before this Court relates to determination of seniority between two groups of direct recruits to the posts of Deputy Jailor (Group 'C' post), one appointed in 1991 through the selection made by Uttar Pradesh Subordinate Services Selection Commission (for short, 'Selection Commission') and the other in 1994 by Uttar Pradesh Public Service Commission (for short, 'UPPSC').

(2.) The Uttar Pradesh Jail Executive Subordinate (Non- Gazetted) Service Rules, 1980 (for short, '1980 Rules') were framed by the Governor of the State in exercise of the powers conferred by the proviso to Article 309 of the Constitution which were published in U.P. Gazette, Extraordinary on June 9, 1980. Rule 5 of the 1980 Rules deals with the recruitment to the posts of Deputy Jailor and Assistant Jailor in the service. The recruitment to the posts of Deputy Jailor is by two sources: (i) by direct recruitment and (ii) by promotion from amongst the permanent Assistant Jailors. Rule 15 provides for procedure for direct recruitment to the posts of Deputy Jailor and Assistant Jailor. It reads thus :

(3.) Part-VI of the 1980 Rules deals with appointment, probation, confirmation and seniority. For the purposes of these appeals, rule 22 of the 1980 Rules needs to be referred which is as follows: