K.K. Birla, J. - (1.) These two writ petitions have been preferred by Sri Jitendra Nath regarding his seniority and promotion, Hence they are being disposed of by a common order.
(2.) In brief, the petitioner was in Army service from 10th August, 1987. He competed in the Provisional Civil Services (P.C.S. examination Under the Uttar Pradesh Non-Technical (Class-II) Service (Reservation of Vacancies for Demobilised Officers) Rules, 1973 (hereinafter referred as the rules) and joined the service in 1979. Such candidate are given certain benefits as regards the year of allotment to the service and the seniority as contained in 6 of the Rules. The period spent by such person in the Army is to be calculated for the purpose of this service besides the fact that the seniority is to be determined on the assumption that they entered the service concerned at their second opportunity, of competing for recruitment. The petitioner's case is that he entered in the Army service on 19.8.67 was discharge on 19.9.78 and this whole period should have therefore been considered for determining his year of allotment and seniority. On the other hand, the stand of the respondent is that according to the petitioners own showing namely, the certificate dated 19.9.78 (Annexure-C.A.-II) of the counter affidavit dated 19.4.90 in writ petition No 11775 of 1989) the date of release of the petitioner from Army service is 22.6.73. Acting upon this, the petitioner had been rightly given the year of allotment as 1970 and his seniority had been determined accordingly.
(3.) The only point canvassed before us on behalf of the petitioner is that the had been released from the Army on 19.9.78 and this should have been treated as his date of release. Therefore, the short point for consideration is whether the year of allotment and the seniority of the petitioner has been rightly determined by the government or it should have been considered after taking 19.9.78 as the dated of release from the Army.;