N. P. Singh, J. - (1.) Leave granted.
(2.) This appeal has been filed on behalf of the appellant, who belongs to the U. P. State Civil Service, for setting aside the judgment of the High Court, allowing the writ application filed on behalf of Respondent No. 2, Vinod Kumar Kharbanda (hereinafter referred to as "the respondent"), directing not to give effect to the provisions of Rule 3(l) of U. P. Non- Technical (Class II) Services (Reservation of Vacancies for Demobilized Officers) Rules, 1973 and Rule 3(b) of U. P. Non-Technical (Class II /Group 'B') Services (Appointment of Demobilised Officers) Rules, 1980, for exclusion of the period from 11-1-1968 to 2-12-1971, while determining the seniority of the said respondent in the State Civil Service.
(3.) In exercise of the power under the proviso to Article 309 of the Constitution, the Uttar Pradesh Non-Technical (Class II) Services (Reservation of Vacancies for the Demobilised Officers) Rules, 1968 were framed. These Rules were to remain in force for a period of five years from the date of their commencement. Rule 2(1) provided that 20% of the permanent vacancies in a Non-Technical (Class II) Services to be filled up by direct recruitment through competitive examination in any year, shall be reserved for being filled in, "by the Emergency Commissioned Officers and the Short Service Commissioned Officers of the Armed Forces of the Union, who were commissioned on or after November 1, 1962, and who are released at any time thereafter". Rule 4 provided the manner in which the seniority of candidates, who were appointed against the aforesaid reserved vacancies, was to be determined.;