NARENDRA NATH PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals by special leave came before this Court against the common decision of the Allahabad High Court in two writ petitions. The interpretation of the Uttar Pradesh Non-Technical (Class- II) Services (Reservation of Vacancies for Demobilised Officers) Rules, 1973 and similar Rules of 1980 relating to dispute of inter se seniority was involved in the two appeals. By a common judgment dated July 21, 1988,* the appeals were allowed in part and Rule 6 of the 1973 Rules was interpreted by us in a somewhat different manner than done by the High Court. Some of the respondents, on the allegation that they had not been served with notice in the appeals before this Court asked for a rehearing by filing these CMPs. Respondents 21, 27, 32, 35, 36 and 40 are represented by different counsel and we have heard them as also counsel for the appellants. Respondent No. 34 who on notice of appeal had appeared and was heard on the earlier occasion has with leave of the Court placed an aspect peculiar to himself alone to which reference shall be made later.

(2.) In Uttar Pradesh three sets of rules on the same subject, namely, providing for entry of demobbed emergency recruits from the defence services into the State Civil Services were made in the years 1968, 1973 and 1980 each set of such rules being for a term of five years. This Court referred to Rule 6 of the 1973 Rules and held: - (AIR 1988 SC 1648 at P. 1651)

(3.) This view is not assailed. This Court thereafter held : - (at p. 1652)