EX-CAPT. ASHOK KUMAR SAWHNEY vs UNION OF INDIA & OTHERS

The Supreme Court interpreted the Released Emergency Commissioned Officers and Short Service Commissioned Officers (Reservation of Vacancies) Rules, 1971, specifically Rules 4(1), 6(3), and 8. The Court held that officers appointed against vacancies reserved under Rule 4(1) must rank below those appointed against unreserved vacancies as per sub-rule (3) of Rule 6. The petitioner's seniority was upheld, rejecting the respondents' claims based on prior amendments to the service rules, affirming that the later amendments govern the seniority dispute.