Judgment

SARKARIA, J.:- This appeal by special leave is directed against a judgment dated December 12, 1977 of the High Court of Allahabad.

2. The appellant herein, Shri B. L. Goel, is a District and Sessions Judge and as such a Member of U. P. Higher Judicial Service. The sanctioned permanent strength of the Higher Judicial Service was 82. It comprised (i) 37 posts of District and Sessions Judges and (ii) 45 Civil and Sessions Judges including five posts of leave reserves. The service includes substantive posts as well as temporary posts. The appointments to posts of Civil and Sessions Judges are made from two sources:

(a) By promotion from the members of the U. P. Civil Service (Judicial Branch); and

(b) By direct recruitment after consultation with the Court (Vide Rule 5).

Under Rules 13 and 17 of the U. P. Higher Judicial Service Rules 1953 (hereinafter referred to as the 1953 Rules) waiting lists were to be prepared of the persons found fit for promotion or appointment to the higher service. Rule 19 provided that the Governor shall, on receipt from the Court of the waiting lists prepared under Rules 13 and 17 make appointment to the service on the occurrence of substantive vacancie