H.S. ATWAL AND ORS. versus UNION OF INDIA AND ORS.

H.S. ATWAL AND ORS. versus UNION OF INDIA AND ORS.

The benefit of counting military service for the purpose of seniority under Rule 4(1) of the Demobilised Indian Armed Forces Personnel (Reservation of Vacancies) in the Himachal Pradesh Administrative Rules 1974 is contingent on the first opportunity to join the Administrative Service having arisen during the period of military service; as this was not so for the appellants (since the first examination was held after demobilisation), the period cannot be counted towards seniority.

Parties
Appellants: H.S. Atwal and Others; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
27 July 1994
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeals dismissed
Legal Topics
Demobilised Armed Forces Personnel, Reservation of Vacancies, Seniority, Interpretation of Administrative Rules
Service Law Demobilised Armed Forces Personnel Reservation of Vacancies Seniority Interpretation of Administrative Rules

Case Brief

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Parties

H.S. Atwal and Others

Appellants

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether a member of the armed forces is entitled to have the period of military service counted towards seniority in the Himachal Pradesh Administrative Service when there was no opportunity to enter such service during military tenure.

Ratio Decidendi

The benefit of counting military service for the purpose of seniority under Rule 4(1) of the Demobilised Indian Armed Forces Personnel (Reservation of Vacancies) in the Himachal Pradesh Administrative Rules 1974 is contingent on the first opportunity to join the Administrative Service having arisen during the period of military service; as this was not so for the appellants (since the first examination was held after demobilisation), the period cannot be counted towards seniority.

Court Disposition

Appeals dismissed

Orders

  • Parties to bear their own costs