MAZHAR HASNAIN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition under Article 220 of the Constitution filed by Mazliar Hasnain challenging an order of the District Judge, Faizabad.

(2.) According to the petitioner, he was appointed as Deputy Record Keeper in the civil court at Hardoi in October 1931. He worked there in different capacities and on 1-9-40, he was confirmed in Class III post in the scale of 70-4-90 as Munsarim Civil Judge's Court at Hardoi and Inter on he was confirmed in Class II post as the Central Nazir. Under an administrative order of the erstwhile Chief Judge of the Oudh Chief Court, passed in May 1946 the petitioner's services were transferred to the judgeship of Faizabad from Hardoi and another person, Sri Krishna Chandra Sri-vastava was sent there. The petitioner continued to work in that judge-ship which also included the district of Sultanpur. There he was working as Central Nazir. In 1950 the State Government decided to create a separate Judgeship at Sultanpur and separated it from the Judgeship of Faizabad. As a result of this a post of Sadar Munsarim was created in Sultanpur Judgeship and the petitioner was transferred there by an order dated 27-4-1956 which was in the following terms :

(3.) It appears that there was one Iqbal Hasan, who was at that time working as Record Keeper in class II grade. He made a representation to the District Judge, Faizabad, that he was actually senior to the petitioner. The District Judge reject ed the representation. Thereafter a representation was made on 21-8-1956, i.e. about a month later, to the Shite Government that it be declared that Iqbal Hasan was senior to the petitioner. That representation of Iqbal Hasan appears to have been allowed by the State Government and the State Government declared that Iqbal Hasan was senior to the petitioner and, therefore, directed that the order of 27-4-1956 appointing the petitioner should be modified and Iqbal Hasan being senior was to be posted as Munsarim, Sultanpur. That order was communicated by the State Government to the District Judge of Faizabad, who accordingly passed an order on 20-5-1959 modifying the previous order passed by his predecessor on 27-4-1956 and appointing Iqbal Hasan Munsarim of the District Judge's Court at Sultan-pur, and he directed that if Mazbar Hasnain wished to continue to remain on the staff of District Judge, Sultanpur he could remain there, as Iqbal Hasan was to retire after a short period and Mazhar Hasnain being the next senior official there, might be appointed as his successor. In case he wanted to come bark to Faizabad be could do so and take over charge as record keeper there. Aggrieved by this order of the District Judge this petition has been filed.