NDLI: Rajendra Pratap Singh Yadav Vs. State of U.p. and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Armed Forces: Short Service Commissioned Officer
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Armed Forces: Short Service Commissioned Officer commissioned in the Army during the normal period - Entitlement of for the benefits which were given to the Army officers commissioned during the emergency when the nation was at war with the foreign enemy - Held: Not entitled - The persons who joined the Army service after cessation of the foreign aggression and revocation of emergency cannot be treated like persons who have joined the Army during emergency due to foreign aggression and similar benefits cannot be given to such persons even by making rules - Respondent No. 4 was Commissioned Officer during period 1981-86 - He was appointed in 1994 in U.P. Provisional Police service - His appointment was not against the vacancies reserved for the Emergency Commissioned Officer under the 1973 Rules - He, therefore, cannot claim benefit under 1973 Rules- The 1973 Rules was a temporary statute and it died its natural death on expiry thereof - The 1980 Rules neither repealed nor replaced the 1973 Rules - The 1980 Rules were to have a limited application viz. regularisation of appointment of Demobilised Officers - Consequently, persons who joined the Army after the emergency was over, cannot be given the benefit which was extended to those persons who joined the Army during emergency - U. P. Non-technical (Class II) services (Reservation of Vacancies for Demobilised Officers) Rules, 1973 - r.3 - U.P. Non-technical (Class II) services (Reservation of Vacancies for Demobilised Officers) Rules, 1980.Constitution of India, 1950: Article 14 - Differential treatment given to those who joined the Army during emergency cannot be termed as discriminatory and arbitrary. Interpretation of statutes: Once a statute expires by efflux of time, the question of giving effect to a right arising thereunder may not arise. .Service jurisprudence: Seniority list - Sanctity of - Held: In service jurisprudence there is immense sanctity of a final seniority list - The seniority list once published cannot be disturbed at the behest of person who chose not to challenge C it for four years - The sanctity of the seniority list must be maintained unless there are very compelling reasons to do so in order to do substantial justice - This is imperative to avoid unnecessary litigation and unrest and chaos in the services.
Judge	Hon'ble Mr. Justice Dalveer Bhandari
Neutral Citation	2011 INSC 460
Petitioner	Rajendra Pratap Singh Yadav
Respondent	State Of U.p. And Others
SCR	[2011] 7 S.C.R. 910
Judgement Date	2011-07-05
Case Number	4949

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