R.R.K.Trivedi, J. - (1.) BY means of this petition the petitioner who is a member of Uttar Pradesh Provincial Civil Service has questioned the seniority list prepared by the respondents computing his seniority in the service from the year 1976. In this petition counter and rejoinder -affidavits have been exchanged by learned counsel for petitioner and learned Standing Counsel have agreed that this petition may be disposed of finally at this stage. The undisputed facts between the parties are that petitioner was a short -service -commissioned officer in the Indian Army from April, 1973 to April 1978. He was demobilised from the Army in April 1978 and thereafter he successfully competed in P.C.S. examination held in December 1978 and was posted as Deputy Collector in November 1980. The Governor of Uttar Pradesh in exercise of his powers under the appropriate provisions of Article 309 of the Constitution, framed rules in order to rehabilitate in civil life, demobilised officers from Armed Forces. First such -rules were framed in 1968 which were known as Uttar Pradesh Non -technical (Class II) Service (Reservation of Vacancies for Demobilised Officers) Rules, 1968 which lasted for five years. In 1973 again Rules were framed for another five years which were known as Uttar Pradesh Non -technical (Class II) (Reservation of Vacancies for Demobilised Officers) Service Rules, 1973. These Rules expired on 6 -8 -1978. Then Uttar Pradesh Non -technical (Class II Group B) Service (Appointment of Demobilised Officers) Rules, 1980 which were given retrospective effect from 6 -8 -1978.
(2.) ADMITTEDLY , petitioner was discharged from Army in April, 1978 and be appeared in P.C.S. examination in December, 1978. Thus the seniority of the petitioner shall be governed by Rules of 1980. The grievance of petitioner is that his seniority has been computed treating him to have joined the Service in 1976 by misinterpreting the aforesaid Rules of 1973 and 1980. In his petition he has further submitted that he made a representation before the State Government in the year 1988 which has been illegally rejected vide order dated 20 -6 -1989. The order has been filed as Annexure II to the writ petition. Petitioner has also filed his representation as Annexure I. In this representation the petitioner reclaims that he should be placed in the cadre taking year 1973 as his year of allotment. However, in the writ petition petitioner has claimed that he should be placed alongwith 1971 Batch of P.C.S. Officers.
(3.) A counter has been filed by the respondents giving facts as to how petitioner had been assigned 1976 as his year of allotment. Para 5 of the counter -affidavit is relevant which is being extracted belowed: That in reply to the contents of paragraphs 4 and 5 of the writ petition, it is stated that the petitioner was appointed to the P.C.S. in accordance with the provisions of the Uttar Pradesh Non -Technical (Class II) Services (Reservation of Vacancies for Demobilised Officers) Rules, 1973, (hereinafter referred to as rules, 1973), and the Uttar Pradesh Non -Technical (Class II Group B) Service (Appointment of Demobilised Officers) Rules 1980 (hereinafter referred to as Rules, 1980) According to Rule 6 of the Rules, 1973 the seniority of the petitioner was fixed as shown below in the State Service combined competitive Examination of 1978, i.e., immediately after release from the Army in April, 1978. ;