STATE OF U.P. vs DINKAR SINHA

The Supreme Court addressed the issue of seniority for demobilized officers in the U.P. Police Service under the U.P. Police Service Rules, 1942 and the U.P. Non Technical (Class-II) Services (Reservation of Vacancies for the Demobilized Officers) Rules, 1968. The Court held that seniority must be determined based on the date of appointment as per Rule 21 of the 1942 Rules, and that the legal fiction created by the 1968 Rules does not grant automatic seniority prior to actual recruitment. The judgment clarified the applicability of these rules in the context of service law and upheld the High Court's decision regarding seniority.