BALESHWAR DASS & ORS. ETC. vs STATE OF U.P. & ORS. ETC.

The Supreme Court held that under Rule 3(b) of the U.P. Service of Engineers (Junior and Senior Scales) Rules, a government servant must be appointed in a substantive capacity to be considered a member of the service. The Court clarified that temporary appointments do not count towards seniority unless made in accordance with the rules. The Court upheld the High Court's decision to strike down the seniority list prepared by the State Government, emphasizing the need for adherence to Rule 23 regarding seniority determination.