Judgment :-

Dalveer Bhandari, J.

1. Leave granted in all the Special Leave Petitions.

2. Since common questions of law arise in all these appeals, therefore, these appeals are being disposed of by a common judgment. The facts of Civil Appeal No. __________ of 2011 arising out of Special Leave Petition (Civil) No.5098 of 2007 entitled Rajendra Pratap Singh Yadav & Others v. State of U.P. & Others are recapitulated for the sake of convenience.

3. The appellants and respondent No.4 -Rakesh Kumar Jolly are direct recruits to the Uttar Pradesh Provincial Police Service. It is stated that the appellants are 4 to 10 years senior to respondent No. 4, who was selected and appointed in the year 1994 as Deputy Superintendent of Police in Uttar Pradesh Provincial Police Service. Respondent No.4 was given benefit of his past service in the Indian Army as a Short Service Commissioned Officer of eight years vide order dated 29.11.2004 issued by the State Government. Since respondent No.4, though junior was placed above the appellants, therefore, the appellants filed a writ petition before the High Court of judicature at Allahabad.

4. According to the appellants, respondent No.4 could not have been