DILBAG SINGH versus STATE OF U.P. AND ORS.

DILBAG SINGH versus STATE OF U.P. AND ORS.

Because the 1980 Rules have retrospective effect from August 6, 1978, the appellant is entitled to seniority under Rule 5, notwithstanding withdrawal of the 1973 Rules before his recruitment.

Parties
Appellant: Dilbag Singh; Respondents: State of U.P. and Ors.
Jurisdiction
India
Judgment Date
08 May 1995
Procedural Posture
Civil Appeal / Appeal From Dismissal of Writ Petition by Allahabad High Court
Outcome
Appeal allowed
Legal Topics
Seniority, Reservation for Demobilised Officers, Retrospective Effect of Rules
Service Law Seniority Reservation for Demobilised Officers Retrospective Effect of Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Dilbag Singh

Appellant

State of U.P. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Dismissal of Writ Petition by Allahabad High Court

Legal Issues

  1. 1 Whether the appellant, recruited as Deputy Collector in 1979, is entitled to seniority under Rule 5 of the 1980 Rules given their retrospective effect.
  2. 2 Whether the withdrawal of the 1973 Rules affects the appellant's entitlement since he was commissioned and released after 1973 and recruited in 1979.

Ratio Decidendi

Because the 1980 Rules have retrospective effect from August 6, 1978, the appellant is entitled to seniority under Rule 5, notwithstanding withdrawal of the 1973 Rules before his recruitment.

Court Disposition

Appeal allowed

Orders

  • Appellant is entitled to seniority as per 1980 Rules
  • All consequential benefits granted