ORDER

1. Leave granted.

2. We have heard the counsel on both sides. The Government, exercising its power under the proviso to Article 309 of the Constitution, issued U.P. Non-Technical (Class II) Services (Reservation of Vacancies for Demobilised Officers) Rules, 1973. The same Rules were reissued in 1980. These Rules would be applicable to officers of Short Service Commission or Commissioned Officers recruited to the Army between 1-11-1962 to 10-1-1968; and on 3-12-1971 and released at any time thereafter. Admittedly, the appellant was commissioned on 22-9-1974 and was released on 30-11-1979. Advertisement was made for recruitment of Deputy Collectors on 2-5-1979. The appellant had applied for and was selected as a Deputy Collector. He sought for seniority w.e.f. 22-9-1974 in terms of Rule 5 of 1980 Rules. Since it was not given, he filed WP No. 2469 of 1989 and the High Court of Allahabad dismissed the writ petition on 25-4-1994. Thus, this appeal by special leave.

3. It is not in dispute that the Rules have been given retrospective effect and, therefore, the appellant is entitled to the benefit of seniority in accordance with Rule 5 of 1980 Rules. It was contended in the High Court