The petitioner was commissioned in the Army Education Corps (hereinafter referred to as AEC) through the short Service Commission (Non-Technical) by an order dated 24-4-1973 with effect from 29-4-1973 - for five years in the Army in the rank of Second Lieutenant under the terms and conditions of service as contained in Army Instructions No. ll/s/64. He had undergone training for ten months at the Officers Training School (hereinafter referred to as OTS) at Madras.

Subsequently, the petitioner was granted permanent/regular commission in AEC at Indian Military Academy, Deh-radun (hereinafter referred to as IMA ). The fixation of seniority of Short Service Com mission (hereinafter referred to as SSC) Of ficers, commissioned permanently in the Army is regulated by Army Instruction-AI-3/s/70 as amended by Amendment No. AI-93/73, dated 28-7-1973. The said instruc tions in clause (v) provides that the seniority of SSC Officers would be granted on anti-

dated equivalent to their full pay commis sioned service as SSC Officer less period of shortfall in their training of the training prescribed for grant of SSC from that prescribed for the particular type of per manent Commissi