Ram Janam Singh vs State Of U.P on 25 January, 1994
12. If the benefits extended to such persons who
were commissioned during national emergencies are
extended even to the members of the Armed Forces who
joined during normal times, members of the Civil Services
can make legitimate grievance that their seniority is being
affected by persons recruited to the service after they had
entered in the said service without there being any rational
basis for the same.
In para 13, this Court further held that the persons who had
joined either before or after the declaration of emergency had
voluntarily offered their services for the defence of the country
belonged to a separate class and there was no question of
discrimination in giving any benefit in matters of seniority by
the rules. In para 14, it has held: