UNION OF INDIA JAGJIT LAMBA T MADIYAL UNION OF INDIA Vs. S KRISHNA MURTHY:UNION OF INDIA:SUBIMAL ROY:G K SHENAVA

JUDGEMENT

(1.) Hese special leave petitions have been heard at length and elaborate submissions have been made on behalf of the parties at the prelimmary hearing and, accordingly, we grant special leave in all these matters and proceed to dispose of the same on merits.

(2.) These appeals have been preferred by the Union of India and some erstwhile Emergency Commissioned Officers (for short 'ecos') and. Short Service Commissioned Officers (for short SSCOs') and directed either against the judgment of the learned Single Judge of the Calcutta High court or against the judgment of the central Administrative tribunal, Bangalore. The tribunal has struck down the impugned rules, namely. Rule 3 (2 (d) of the Indian Forest Service (Regulation of Seniority) Rules, 1968, hereinafter referred to as INDIAN FOREIGN SERVICE (Regulation of Seniority) Rules, 1968', and clauses (c) and (d) of sub-rule (3 of Rule 3 of the Indian Police Service (Regulation of Seniority) Rules, 1954, hereinafter referred to as INDIAN FOREIGN SERVICE (Regulation of Seniority) Rules, 1954', as ultra vires Articles 14 and 16 of the Constitution of India and has directed the government of India to assign fresh years of allotment to the ECOs and SSCOs, who were some of the respondents before the tribunal.

(3.) Before the Calcutta High court, Rule 3 (2 (d) of the INDIAN POLICE SERVICE (Regulation of Seniority) Rules, 1954 was involved and the High court on a construction of that rule allowed the writ petitioner of the respondents and set aside the impugned order rebto if to the year of allotment of ECOs and SSCOs.