MAHESH PRASAD SRIVASTAVA Vs. ABDUL KHAIR

JUDGEMENT

(1.) BY our order dated July 22. 1970 we dismissed this appeal and stated that reasons will follow short ly. We are now setting forth our reasons.

(2.) THE appellant and the respon dents are members of the High Court staff. All of them belong to the class of Upper Division Assistants. At present the appellant holds the post of the As sistant Superintendent, Administrative Department (Records). He was recently promoted to this post by an order of Hon'ble the Chief Justice.

(3.) PROMOTION to the post of the Assistant Superintendent, Administrative Department, is regulated by Rule 9 of the Allahabad High Court (Conditions of Service of Staff) Rules, 1946. Rule 9 pro vides that promotion shall be made "by selection, irrespective of seniority."