YOGENDRA KUMAR BAHL Vs. STATE OF U.P.

JUDGEMENT

(1.) BY means of this petition the petitioner who is a member of Uttar Pradesh Provincial Civil Service has questioned the seniority list prepared by the respondents computing his seniority in the service from the year 1976. In this petition counter and rejoinder -affidavits have been exchanged by learned counsel for petitioner and learned Standing Counsel have agreed that this petition may be disposed of finally at this stage. The undisputed facts between the parties are that petitioner was a short -service -commissioned officer in the Indian Army from April, 1973 to April 1978. He was demobilised from the Army in April 1978 and thereafter he successfully competed in P.C.S. examination held in December 1978 and was posted as Deputy Collector in November 1980. The Governor of Uttar Pradesh in exercise of his powers under the appropriate provisions of Article 309 of the Constitution, framed rules in order to rehabilitate in civil life, demobilised officers from Armed Forces. First such -rules were framed in 1968 which were known as Uttar Pradesh Non -technical (Class II) Service (Reservation of Vacancies for Demobilised Officers) Rules, 1968 which lasted for five years. In 1973 again Rules were framed for another five years which were known as Uttar Pradesh Non -technical (Class II) (Reservation of Vacancies for Demobilised Officers) Service Rules, 1973. These Rules expired on 6 -8 -1978. Then Uttar Pradesh Non -technical (Class II Group B) Service (Appointment of Demobilised Officers) Rules, 1980 which were given retrospective effect from 6 -8 -1978.

(2.) ADMITTEDLY , petitioner was discharged from Army in April, 1978 and be appeared in P.C.S. examination in December, 1978. Thus the seniority of the petitioner shall be governed by Rules of 1980.

(3.) A counter has been filed by the respondents giving facts as to how petitioner had been assigned 1976 as his year of allotment. Para 5 of the counter -affidavit is relevant which is being extracted belowed: