P K DIXIT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THESE writ petitions filed by the petitioners challenge the inter se seniority of the officers in the higher judicial service coming from two sources; i) promoted from the judicial service and ii) others who are directly recruited from the Bar.

(2.) THE petitioners are officers of the State Judicial Service who have been promoted on various dates to the higher judicial service and posted as Additional District Judges or some of them were posted as Civil and Sessions Judges before 1974 as in 1974 the post of Civil and Sessions Judge has been abolished and the higher judicial service for the State of Uttar Pradesh was constituted.

(3.) IT is also contended on behalf of the petitioners that in 1975 the pre sent rules for recruitment of the judicial officers in the higher judicial service came into force. Before these rules were brought into force, the earlier rules were declared to be bad and in substance, therefore, before these rules were brought into force, there was no provision for direct recruitment to the higher judicial service. IT is contended that all the vacancies existing on the date on which these rules (1975 Rules) came into force have to be filled in by promotion. And while confirming and giving the dates for the purposes of seniority, the High Court ought to have prepared a fist of vacancies existing on the date on which these Rules (1975 Rules) came into force and confirm all those who were officiating as Additional District and Sessions Judges or Civil and Sessions Judges on this date in all those vacancies. And if this was done, these petitioners who were appointed before 1975 could have been confirmed on those vacancies and in that event they could not have been confirmed in the vacancies occurring in 1978, 1979 and 1980.