Judgment

DUTT, J. :- After hearing the learned Counsel for the parties, we grant special leave and, as full and complete submissions have been made, we proceed to dispose of the appeal on merits.

2. The only question that is involved in this appeal is whether the appellant D. K. Agarwal, who was a member of the Higher Judicial Service under the State of U. P., to be precise, the District and Sessions Judge, Gonda, and since retired on February 29, 1985,* was entitled to the super-time scale.

* or 1988 - Ed.

3. The appellant was appointed to the post of District and Sessions Judge on October 31, 1983. In or about December, 1985, the Selection Committee constituted by the Chief Justice of the Allahabad High Court and consisting of three Judges of that Court recommended the grant of selection grade to the appellant on the basis of merit as required under Rule 27 of the U.P. Higher Judicial Service Rules, 1975, hereinafter referred to as the Rules. The Full Court approved the recommendation for the grant of the selection grade to the appellant and granted the same to him with retrospective effect from November 1, 1983.

4. In April, 1986, the Selection Committee recommended for the grant of