UNION OF INDIA Vs. S S GILL

JUDGEMENT

(1.) Leave granted in SLP (C) No. 1961 of 2003.

(2.) In the appeal relating to SLP (C) No. 1961 of 2003 challenge is to the judg ment of the Division Bench of the Delhi High Court in Letters Patent Appeal No. 702 of 2000. Civil Appeal No. 5353 of 2000 is di rected against the judgment of the Jammu and Kashmir High Court in Letters Patent Appeal filed by the Union of India. Civil Ap peal No. 5354 of 2000 is filed by one R.K. Dua who was not a party in the Letters Patent Appeal before the Jammu and Kash mir High Court. Writ Petition No. 596 of 2000 also involves the similar dispute.

(3.) The controversy relates to the inter pretation of Rule 8(b) of Central Reserve Police Force Rules, 1955 (in short the 'Rules'). According to the Union of India, the Short Service Commissioned Officers (in short 'SSCOs') are not eligible to get their past service in Army counted in the Central Reserve Police Force (in short 'CRPF') for determining seniority, whereas according to the SSCOs the seniority is required to be determined after considering the unbroken service in the Armed Forces. While the SSCOs placed strong reliance on the deci sion of this Court dated 21.1.1986 in P.G. Shetty and Others vs. Union of India, uphold ing the decision of the Delhi High Court (UBS Teotia and Others vs. Union of India), the Union of In dia placed reliance on a decision of this Court in Ravi Paul and Others vs. Union of India and Others (1995) 3 SCC 300).