NARENDRA NATH PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals by special leave involve the interpretation of the Uttar Pradesh Non-Technical (Class-II) Services (Reservation of Vacancies for Demobilised Officers) Rules, 1973, hereinafter referred to as 'the 1973 Rules', and the Uttar Pradesh Non-Technical (Class-II/Group 'B') Services (Appointment of Demobilised Officers) Rules, 1980, hereinafter referred to as 'the 1980 Rules', relating to the seniority of the appellants vis-a-vis the private respondents.

(2.) The appellants have all been appointed in the Provincial Civil Service of the State of Uttar Pradesh as direct recruits on the basis of competitive examinations held by the Uttar Pradesh Public Service Commission. The appointments of the appellants were made under the U. P. Civil Service (Executive Branch) Rules, 1941 framed under Section 241(1)(b) of the Government of India Act, 1935, hereinafter referred to as 'the Service Rules'.

(3.) The respondents were recruited under the 1973 Rules and/or the 1980 Rules. The respondents were either Emergency Commissioned Officers or the Short Service Commissioned Officers of the armed forces of the Union of India and were commissioned on or before November 1, 1962 during the Indo-Chinese war. They were demobilised from armed forces in or about 1968. These respondents, therefore, rendered services to the country during the operation of the emergency when the nation's security was in peril due to external aggression. In order to rehabilitate such persons and to ensure them that in civil life, after the cessation of emergency, they were not to suffer for rendering services to the nation and with a view to putting the respondents at par with other persons, the 1973 Rules were framed by the Governor of U. P. in exercise of his powers under the proviso to Article 309 of the Constitution of India.