O P GARG Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) BEFORE us are the members of Uttar Pradesh Higher Judicial Service (hereinafter called the 'Service'). Promotees and the direct recruits, as usual, are in the fray. This is their second round of litigation in this Court. Earlier in P. K. Dixit v. State of U. P., (1988) 1 SCR 398, this Court directed the preparation of fresh seniority list in accordance with the observations made, therein. The Allahabad High Court thereafter framed and circulated final seniority list of the service on 25/08/1988. Both promotees and direct recruits are not satisfied with the same. They have challenged the said seniority list, inter alia, on the ground that it is not in conformity with the directions of this Court in Dixit's case.

(2.) WE may briefly state the necessary facts. The service was initially governed by statutory rules called the Uttar Pradesh Higher Judicial Service Rules, 1953 (hereinafter called '1953 Rules'). Recruitment to the service under the said rules was from two sources, by promotion and the direct recruitment. In Chandra Mohan v. State of Uttar Pradesh, (1967) 1 SCR 77 this Court struck down the 1953 Rules so far as the said rules provided direct recruitment to the service. As a consequence there was no direct recruitment to the Service till the year 1975-76. The members of the service promoted under the 1953 rules were designated as Civil and Sessions Judges.

(3.) THE Service was reconstituted and given a fresh-look by the rules framed under Article 309 read with Article 233 of the Constitution of India called the Uttar Pradesh Higher Judicial Rules, 1975 (hereinafter called 'the 1975 Rules'). THEse rules came into force with effect from 5/04/1975. THE relevant Rules 5, 6, 8 and 26 are reproduced hereinafter: