JUDGMENT

Jagdish Singh Khehar, J.

1. It is not a matter of dispute, that the conditions of service including the manner and method of determining seniority in the cadre of Sub-Inspectors of Police, in the State of Andhra Pradesh, are regulated by the Andhra Pradesh Police (Civil) Subordinate Service Rules (hereinafter referred to as, the Service Rules), notified on 26.8.1959, read with the Special Rules notified on 14.12.1990. Learned counsel for the rival parties are agreed, that the issue of seniority (which is the pointed issue of dispute between the rival parties in the present appeals), is to be determined under rule 15 of the said rules, which is extracted hereunder:-

“15. "Seniority:-- (a) The seniority of a person in the class or category or grade shall, unless he has been reduced to lower rank as a punishment be determined by the date of his first appointment to such class or category or grade. If any portion of the service of such person does not count towards his probation under the General Rules his seniority shall be determined by the date of commencement of his service which counts towards probation:

Provided that in the case of Sub-Inspectors, Sub-Inspectors of Police (I