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Supreme Court of India 2021-03-26

JAGMOHAN SINGH DHILLON ETC.ETC vs SATWANT SINGH & ORS. ETC. ETC

Bench: 3 — Ashok Bhushan, S. Abdul Nazeer, Hemant Gupta

In Brief

The case concerns whether ex-servicemen appointed to the Punjab Civil Service (Executive Branch) under the 1982 recruitment rules could claim seniority benefits for military service under the earlier 1972 rules. The appellant, after military service, was appointed in 1986 but his seniority was fixed without military service credit. He sought redetermination claiming entitlement to Rule 4 benefits of the 1972 Rules. The Supreme Court held that since Rule 4 (which allowed military service to count towards seniority) was not continued in the 1982 Rules, and the appointment occurred after the 1982 Rules' enforcement, seniority must be governed by the 1982 Rules. The saving clause does not apply as no seniority benefit had accrued before the new rules took effect. The appeals were dismissed.

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Civil Service Seniority Ex-servicemen Administrative Law Statutory Interpretation Reservation of Vacancies Rules Repeal and Succession Constitutional Law

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