B L GOEL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment dated December 12, 1977 of the High Court of Allahabad.

(2.) The appellant herein, Shri B. L. Goel, is a District and Sessions Judge and as such a Member of U. P. Higher Judicial Service. The sanctioned permanent strength of the Higher Judicial Service was 82. It comprised (i) 37 posts of District and Sessions Judges and (ii) 45 Civil and Sessions Judges including five posts of leave reserves. The service includes substantive posts as well as temporary posts. The appointments to posts of Civil and Sessions Judges are made from two sources:

(3.) The appellant was appointed to the U. P. Civil Service (Judicial Branch) on September 13, 1948 on the basis of a competitive examination held by the U. P. Public Service Commission. He was posted as Civil Judge in the same service in January 1955. He was appointed by promotion as an officiating Civil and Sessions Judge in U. P. Higher Judicial Service in July 1960. Respondents 3, 4 and 5 are direct recruits. They were appointed on probation as Civil and Sessions Judges and joined the service on May 31, 1966, May 27, 1966 and June 1, 1966 respectively.