P. DANDAPANI DORA Vs. DISTRICT JUDGE AND ANR.

JUDGEMENT

(1.) THESE two writ applications involve identical disputes and therefore, are disposed of by this common judgment.

(2.) PETITIONERS by their respective applications under Articles 226, and 227 of the Constitution of India, 1950, have prayed for issue of writ of certiorari or an appropriate writ to quash order directing reversion (Annexure -5) and for issue of other appropriate writs.

(3.) MR . S.K. Padhi, learned Counsel appearing for the Petitioners, strenuously urged that the Resolution dated 6 -4 -1966 and the General Letter No. 6 of 1966 (Civil) still hold the field and in the absence of any specific prohibition in the Rules, the Executive Instructions were to apply and the promotion was rightly given to the Petitioners and withdrawing the same is an act without any authority in law. It was submitted with reference to various documents that even in the years 1983, 1984 and 1985 and also thereafter similar promotions have been given by several District Judges in the State. Even conceding that the Rules did not provide for such promotion in view of the continued acceptance of the position that the Government Resolution dated 6 -4 -1966 and the General Letter No. 6 of 1966 (Civil) still hold the field, the order of reversion and confirmation thereof are illegal and are liable to be set aside.