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2010 Supreme(SC) 857

R.V.RAVEENDRAN, MARKANDEY KATJU
Ashok Pal Singh – Appellant
Versus
UP Judicial Services Association – Respondent


Advocates Appeared:
P. P. Rao, Paramjit Singh Patwalia, Rakesh Dwivedi, Nagendra Rai, Rakesh Kr. Khanna, Salman Khurshid, Sr. Advs., Shail Kumar Dwivedi, AAG, Jitendra Mohan Sharma, Sandeep Singh, Mohinder Jit Singh Rupal, Amanpreet Singh Rahi, Devesh Tripathi, Tushar Bakshi, S. S. Tiwari, Ravi Prakash Mehrotra, Shantanu Krishna, Ms. Mukti Chowdhary, Anant Prakash, Rahul Dua, Ms. Deepti R. Mehrotra, Garvesh Kabra, Vinay Kr. Garg, Ms. Seema Bhatt, Ms. Shailja Sinha, Shantanu Sagar, Shirish Kumar Mishra, Ms. Vandana Mishra, Mrs. Vibha Dwivedi, Tripurari Ray, Ashutosh Dubey, Vishnu Sharma, S. K. Verma, Irshad Ahmad, Pradeep Misra, Vishwajit Singh, Shiv Sagar Tiwari, Imtiaz Ahmed, Mrs. Naghma Imtiaz, M/s. Equity Lex Associates, Chander Sheker, M/s. Manoj Swarup & Co., Sunil Dutta Mishra, Kuldip Singh, Advs., with them for the appearing parties.

JUDGMENT

R. V. Raveendran, J. —

Leave granted in SLP (C) No.11476 of 2005. These appeals arise out of yet another round of litigation in the dispute between direct recruits and promotees in the Uttar Pradesh Higher Judicial Service, having its genesis in two decisions of this Court in the earlier rounds.

2. The recruitment and appointment to the Uttar Pradesh Higher Judicial Service consisting of a single cadre comprising the posts of District and Sessions Judges and Additional District and Sessions Judges are governed and regulated by the U.P. Higher Judicial Services Rules, 1975, (‘Rules’ for short) framed under Article 309 read with Article 233 of the Constitution of India. The said Rules were amended by the UP Higher Judicial Services (Fourth Amendment) Rules, 1996, with effect from 15.3.1996. For convenience, the Rules before amendment will be referred to as the ‘Unamended Rules’ and the Rules after the 1996 amendment will be referred to as the ‘Amended Rules’. As we are concerned with the recruitments for the years 1988, 1990, 1992-1994 and 1998-2000, it may be necessary to refer to the unamended Rules in regard to the recruitments relating to 1988, 1990 and 1992-1994, and t
















































































































































































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