BRIJ MOHAN Vs. HIGH COURT JUDICATURE OF ALLAHABAD

JUDGEMENT

(1.) By this petition under Art.226 of the Constitution, the petitioner has prayed for a writ of certiorari quashing the order dt. 18th Aug., 1979, Annexure 2, whereby the petitioner was reverted from the post of Additional District Judge to the post of Civil Judge.

(2.) The subordinate judiciary consists of two branches. The Munsifs and Civil Judges belong to the U. P. Civil (Judicial) Service. The Additional District Judges and District Judges belong to the U. P. Higher Judicial Service. Appointment to the Higher Judicial Service is made by direct recruitment from the bar and promotion from the U. P. Civil (Judicial) Service. U. P. Higher Judicial Service Rules 1953 provided for appointment as Civil and Sessions Judge. The U. P. Higher Judicial Service (Abolition of Cadre of Civil and Sessions Judges) Rules 1974, abolished the posts of Civil and Sessions Judges and designated all Civil and Sessions Judges as Additional District and Sessions Judges. U. P. Higher Judicial Service Rules, 1975 provide for appointment of Additional District and Sessions Judges.

(3.) The petitioner was appointed Munsif on the basis of a competitive examination held by the U. P. Public Service Commission. He took over charge as Munsif Havali at Lucknow on 3rd July 1957. He was later on promoted as Civil Judge. He took over charge as Civil Judge, Agra on 8th May 1964.