ASHOK PAL SINGH Vs. UP JUDICIAL SERVICES ASSOCIATION

JUDGEMENT

(1.) Leave granted in SLP (C) No.11476 of 2005. These appeals arise out of yet another round of litigation in the dispute between direct recruits and promotees in the Uttar Pradesh Higher Judicial Service, having its genesis in two decisions of this Court in the earlier rounds.

(2.) The recruitment and appointment to the Uttar Pradesh Higher Judicial Service consisting of a single cadre comprising the posts of District and Sessions Judges and Additional District and Sessions Judges are governed and regulated by the U.P. Higher Judicial Services Rules, 1975, ('Rules' for short) framed under Article 309 read with Article 233 of the Constitution of India. The said Rules were amended by the UP Higher Judicial Services (Fourth Amendment) Rules, 1996, with effect from 15.3.1996. For convenience, the Rules before amendment will be referred to as the 'Unamended Rules' and the Rules after the 1996 amendment will be referred to as the 'Amended Rules'. As we are concerned with the recruitments for the years 1988, 1990, 1992-1994 and 1998-2000, it may be necessary to refer to the unamended Rules in regard to the recruitments relating to 1988, 1990 and 1992-1994, and the amended rules with reference to the 1998-2000 recruitment. Rules 5, 6, 8, 20, 22 and 26 are relevant and they are extracted below :

(3.) The dispute between the promotees and direct recruits in regard to their inter-se seniority in the Uttar Pradesh Higher Judicial Services came up before this Court at the instance of promotees in P.K. Dixit vs. State of Uttar Pradesh, 1987 4 SCC 621. This Court allowed the petitions and directed preparation of fresh seniority list in accordance with the following directions: