A M SANKARAN Vs. REGISTRAR HIGH COURT

JUDGEMENT

(1.) PETITIONER seeks the issuance of writ of certiorarified mandamus, calling for the records relating to the order of respondent in his Roc. No. 15/84.Con.E1, dated 20-08-86, quash the same and direct the respondent to reinstate the petitioner as First Class Judicial Magistrate with all attendant benefits, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

(2.) PETITIONER joined as Lower Division Clerk in July 1952 in the High Court. He was subsequently appointed as Sub Magistrate (redesignated as Judicial II Class Magistrate) on 03-08-1966 and was later promoted as Judicial I Class Magistrate in the year 1976. He was also confirmed in the post of Judicial II Class Magistrate in 1971-72 and transferred to the Tamil Nadu Judicial Magisterial Service after his lien was severed from the High Court. The appointment of petitioner as Judicial II Class Magistrate was made by the Governor of Tamil Nadu in consonance with Art. 235 of the Constitution of India, and his appointing authority is only the Governor of Tamil Nadu under Art. 234 of the Constitution of India.

(3.) HEARD learned Counsel on both sides.