JUDGMENT

S.B. SINHA, J.- Whether in the facts and circumstances of this case, the respondent herein was entitled to seniority on the basis of his commissioned service in the Army is the question involved in these appeals which arises out of the judgment and order dated 8-2-2002 passed by the Lucknow Bench of the High Court of Judicature at Allahabad in Writ Petition No. 1754 (SB) of 2000.

2. The Governor of the then United Provinces (now the State of Uttar Pradesh) in exercise of his power under Section 241 of the Government of India Act, 1935 framed the U.P. Police Service Rules, 1942 (for short "the 1942 Rules"). The terms and conditions of the services of the employees including recruitment thereto are governed thereby. Rule 21 of the 1942 Rules reads as under:

"21. Seniority.-Seniority in the service shall be determined according to the date of the order of appointment in a substantive capacity and if two or more candidates are appointed on the same date, their seniority inter se shall be determined according to the order in which their names appear in the order of appointment:

Provided that

(1) the inter se seniority of direct recruits selected in one batch shall be determined acc