JAGMOHAN SINGH DHILLON ETC.ETC. versus SATWANT SINGH & ORS. ETC. ETC.

JAGMOHAN SINGH DHILLON ETC.ETC. versus SATWANT SINGH & ORS. ETC. ETC.

Because the 1982 Rules repealed the 1972 Rules and did not continue the Rule 4 benefit of counting military service for fixation of pay and seniority, and there was no accrued right in favour of the appellants prior to their entry into service, appellants appointed after enforcement of the 1982 Rules are not entitled to the seniority benefit under Rule 4 of the 1972 Rules; the saving clause did not apply.

Parties
Appellant: Jagmohan Singh Dhillon; Respondent: Satwant Singh & Ors.
Jurisdiction
India
Judgment Date
26 March 2021
Procedural Posture
Civil Appeal / Appeal From High Court of Punjab and Haryana; Judgment on Appeal
Outcome
Appeals dismissed
Legal Topics
Ex Servicemen Reservation, Seniority Fixation, Statutory Interpretation, Rule Repeal and Savings Clause
Service Law Administrative Law Constitutional Law Ex Servicemen Reservation Seniority Fixation Statutory Interpretation Rule Repeal and Savings Clause

Case Brief

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Parties

Jagmohan Singh Dhillon

Appellant

Satwant Singh & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court of Punjab and Haryana; Judgment on Appeal

Legal Issues

  1. 1 Whether an appellant appointed after enforcement of the Punjab Recruitment of Ex-servicemen Rules, 1982 is entitled to benefit of Rule 4 of the Demobilized Indian Armed Forces Personnel (Reservation of Vacancies in the Punjab Civil Service) (Executive Branch) Rules, 1972 for fixation of seniority
  2. 2 Whether the saving clause in Rule 9(3) of the 1982 Rules preserves any right under the 1972 Rules to claim weightage of military service for seniority

Ratio Decidendi

Because the 1982 Rules repealed the 1972 Rules and did not continue the Rule 4 benefit of counting military service for fixation of pay and seniority, and there was no accrued right in favour of the appellants prior to their entry into service, appellants appointed after enforcement of the 1982 Rules are not entitled to the seniority benefit under Rule 4 of the 1972 Rules; the saving clause did not apply.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • Judgment of Division Bench of the High Court dated 28.07.2009 upheld and writ petitions dismissed