D.P. SHARMA & ORS. vs UNION OF INDIA & ANR.

The Supreme Court held that the Armed Forces Headquarters Clerical Service Rules, 1968, which determine seniority based on confirmation, do not have retrospective effect and cannot impair the existing rights of officials appointed prior to their enactment. The Court emphasized that seniority should be determined based on length of service as per earlier memoranda, thus allowing the appeals of the appellants who were appointed as LDCs before the rules came into force. The Division Bench's decision to base seniority on confirmation was overturned.