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 given the benefit of past service. The benefit of back seniority was given to respondent No.4 under the U.P. Non- technical (Class-II/Group `B') Services (Appointment of Demobilised Officers) Rules, 1980, as amended in 1990. Demobilised Officer has been defined in Rule 3(b) of the Demobilisation Rules, 1980, which reads as under:

“3. Definitions - In these rules unless the context otherwise requires -

(a) ................

(b) “Demobilised Officer” means Disabled Defence Service Officer, Emergency Commissioned Officer and the Short Service Commissioned Officer of the Armed Forces of the Union who was commissioned on or after November 1, 1962 but before January 10, 1968 or on or after December 3, 1971 and released at any time thereafter.

(c) .................”

5. Respondent No.4 joined the Indian Army in 1981 and was discharged from the Army in 1986. He was a Short Service Commissioned Officer. The appellants raised the following questions in this case.

(1) Whether a Short Service Commissioned Officer who was commissioned in the Army during the normal period is entitled to the certain benefits given to the Army officers who were commissioned during the emergency when the nation was at war with the foreign enemy.

(2) Whether a demobilized Short Service Commissioned Officer who was commissioned in the army during normal period and whose selection in the civil post is not against the vacancies reserved for demobilized officers under U.P. Non- Technical (class-II) Services (Reservation of Vacancies for Demobilised Officers) Rules, 1973 (hereinafter referred to as “1973 Rules”) is entitled to seniority under the Uttar Pradesh nontechnical (Class II/Group-B) Services (Appointment of Demobilised Officers) Rules, 1980 (hereinafter referred to as “1980 Rules”)?

(3) Whether a demobilized Short Service Commissioned Officer who is not selected for appointment to a non-technical Class-II/Group-B service or post against the vacancies reserved for demobilised officers, as a result of recruitment, the process of which was concluded or commenced prior to 6th August, 1978, in accordance with the provisions of 1973 Rules is entitled to seniority and pay as meant for the persons appointed against the vacancies reserved under the 1973 Rules?

(4) Whether when a Short Service Commissioned Officer who has been selected and appointed against the vacancies reserved for such officers under the Government Order of 1977 which does not contemplate any seniority for the past services rendered in the Army, is entitled to seniority under the 1980 Rules?

(5) When the order of appointment itself provides that the seniority of the selected Short Service Commissioned Officer shall be determined according to the Uttar Pradesh Police Service Rules, 1942, can the Government dehors the terms