JUDGMENT

S.C. AGRAWAL, J.- Both these matters raise a common question regarding determination of seniority of Emergency Commissioned Officers (ECOs) and Short Service Commissioned Officers (SSCOs) who were recruited as Assistant Commandants in the Border Security Force after their release from the Army. The question is whether the said Officers are entitled to count the service rendered by them in the Army for the purpose of fixation of their seniority in the Border Security Force.

2. In the wake of the Chinese aggression in 1962, in order to meet the shortage of Commissioned Officers in the Indian Army, the Government of India started a special scheme to select officers through Service Selection Board and granting them Commission in the Indian Army. Such Commissioned Officers were called Emergency Commissioned Officers (ECOs). In 1965, in addition to the Emergency Commissioned Officers the system of Short Service Commission (SSC) was introduced. The initial period of such Commission was 5 years but it was extendable for another 5 years depending on the requirement/suitability of the officer. After the expiry of the initial period of 5 years, the officer, even if granted extension,