Rule-3(6) read with Rule 14 and

Defence Service Officers (Appointment and Fixation of Seniority in Civil Post) Rules, 1983

Rule 5

Legal right — In the instant case we found that the appointment of the respondent No.3 was not made under the Rules. 1983 and the Rules, 1983 is not applicable in this case and he is not entitled to get any benefit under Rules. 1983. Accordingly, the seniority given to the Respondent No.3 in the gradation iist was illegal and without any lawful authority and the writ petitioner being appointment earlier
in the post of manager he is senior to Respondent No.3 as per Rule. 1990 —the Respondent No.3 having functioning and continuing in the post of Deputy General manager for a Pretty long time, he has acquired a legal right.

M. Shamsul Haque Vs. BEPZA & Ors. 10 BLT (HCD)-366.