RAM KARAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Yogesh Agarwal, assisted by Sri Sanjay Singh, learned counsels for the petitioner, Sri Manish Goyal, Additional Advocate General appearing for the first, second and third respondents and Sri Vinay Kumar Khare, learned counsel appearing for fourth respondent and perused the record.

(2.) The instant Writ Petition is directed against the order dated 21 October 2011 passed by District Judge, Mahoba, thereby, promoting the junior to the petitioner on the post of Sadar Munsrim. Further, a direction has been sought to promote the petitioner to the post of Sadar Munsrim in the judgeship of Mahoba.

(3.) The facts giving rise to the petition, in brief, is that the post of Sadar Munsrim fell vacant on 21 October 2011. The name of the petitioner along with other candidates, including the fourth respondent was considered for promotion. The rules governing promotion is provided under the Subordinate Civil Courts Ministerial Establishment Rules, 19471. Rule 20, in particular, Sub-Rule (3) is relevant in the facts of the instant case. The rule, inter alia, provides for the criteria of promotion to the post of Sadar Munsrim and specifically lays down that promotion is to be made according to merit subject to seniority. Rule 20 is extracted:-