Sanjay Kumar vs Union Of India & Ors on 28 October, 2025
In this context, she first relies on paras 21 and 22 of the
judgment of the Supreme Court in Bobindra Kumar v Union of
India14 and para 49 of the judgment of a Division Bench of this Court
in Jagmohan Vishwakarma v Union of India15. She submits that
Bobindra Kumar clearly holds that the 1978 OM does not apply to the
Armed Forces and further that it has no application where seniority is
not roster-based. The 1978 OM, she submits, deals with the starting
point for fixing the roster and not with the concept of "order of
selection", which is the principle envisaged in Rule 8(2) of the 2003
RRs/Rule 5(2) of the 2010 RRs. As the seniority could not, therefore,
be fixed on the basis of Rule 8(2) of the 2003 RRs or Rule 5(2) of the
2010 RRs and sub-clauses (i), (ii) and (iii) of Clause 8(3) of the 2003
RRs or Clause 5(3) of the 2010 RRs were not applicable, the inter se
seniority among direct recruit ACs and LDCE/promotee ACs had
necessarily to be worked out on the basis of Rule 8(3)(iv) of the 2003
RRs/Rule 5(3)(iv) of the 2010 RRs.