JUDGEMENT
ANIL DEV SINGH -
(1.)This is a Letters Patent Appeal directed against the order of the learned Single Judge dated 27/5/1998. The facts lie in a narrow compass.
(2.)The respondent was Inspector in the Customs and Central Excise Department of the Government of India, Ministry of Finance, with effect from 19/4/1955. while the respondent was serving in the Customs and Excise Department, he was appointed as a 2nd Lieutenant in the Regular Reserve of Officers Class 'A' Service in the Artillery Regiment with effect from 22/7/1960. The appointment of respondent was notified in the Government of India Gazette dated 21/1/1961. The appointment lasted till 26/4/1963. Subsequently, on 13/10/1963 the respondent was appointed as an Emergency Commissioned Officer in the rank of a Captain. He served in that capacity till his demobilisation from the Army on 31/3/1968. On 3/6/1968 the respondent was appointed as an Administrative Officer in the National Cadet Corps (for short "NCC"). In the NCC, the services of the respondent as an Emergency Commissioned Officer in the rank of Captain with effect from 13/10/1963 to 31/3/1968 were taken into Consideration for the purposes of seniority, promotion and pay. The respondent, however, represented that his service as Regular Reserve of Officers Class 'A' should also be counted with effect from 22/7/1960 to 26/4/1963 for the purposes of promotion and seniority in the NCC. The Group Headquarters, NCC, vide its letter dated 1/6/1978 acceded to the request of the respondent. Subsequently, however, on 7/9/1978, the decision contained in letter dated 1/6/1978 was revoked and it was intimated to the respondent that as the period during which he remained in the Regular Reserve of Officers service was unpaid, the said period could not be regarded for the purposes of seniority and promotion. The respondent dissatisfied with the cancellation order, filed writ Petition being CWP No.1384 of 1979. The learned Single Judge allowed the writ petition of the respondent on 27/5/1998 and directed the appellant to count the period of his Regular Reserve of Officers Service for the purposes of seniority in the NCC. The appellant, Union of India, being aggrieved by the order of the learned Single Judge, has filed the instant Letters Patent Appeal.
(3.)We have heard learned counsel for the parties. The grievance of the appellant is that the learned Single Judge was not right in counting the Regular Reserve of Officers Service for the purpose of seniority in theNCC. The learned counsel appearing for the appellant submitted that Rule 26(3) of the National Cadet Corps Rules, 1948 (for short the "Rules") on which the learned Single Judge relied for allowing the writ petition, does not help the respondent. On the other hand, the learned counsel appearing for the respondent submitted that the period during which the respondent remained in the Regular Reserve of Officers Service is required to be counted for the purpose of his seniority in the NCC,
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