Rule-3(6) read with Rule 14 and
Defence Service Officers (Appointment and Fixation of Seniority in Civil Post) Rules 1983
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 his case and he is not entitled to get any benefit under Rules, 1983. Accordingly, the seniority list 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. 9BLT (HCD)-366.