MAHESH CHAND Vs. STATE O U. P.

JUDGEMENT

(1.) Delay condoned.

(2.) The special leave petitions were placed before this Bench of three Judges by reason of the following order: "Shri S.B. Sanyal, the learned Senior Counsel appearing for the petitioner submits that in the impugned judgment, the High Court has placed reliance on the earlier judgment of this Court in Dilbag Singh v. State of U.P., The learned counsel has submitted that in Dilbag Singh case this Court has failed to take note of the provisions contained in Rule 4 of the U.P. Non-technical (Class II) Services (Appointment of Demobilised Officers) Rules, 1980 which fixes the cut- off date 6-8-1978 and that the benefit of seniority under Rule 5 is available only in respect of persons in whose case the process of recruitment was concluded or commenced prior to that date. The submission is that Dilbag Singh case needs reconsideration. We consider it appropriate that the matters may be placed before a Bench of three Hon'ble Judges. We order accordingly."

(3.) The Uttar Pradesh Non-technical (Class II/Group 'B') Services (Appointment of Demobilised Officers) Rules, 1980, are the rules which require consideration. For the purposes of showing that the aforesaid judgment in Dilbag Singh case is per incuriam and requires reconsideration, it must be demonstrated that Rules 4 and 5 of the said rules are interconnected and that Rule 5 applies only to those who are appointed pursuant to Rule 4.