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2011 Supreme(SC) 1404

R.M.LODHA, JAGDISH SINGH KHEHAR
High Court of Judicature, Patna – Appellant
Versus
Shiveshwar Narayan – Respondent


JUDGMENT

R.M. Lodha, J.

These two appeals, by special leave, are from the judgment dated May 20, 2005 of the High Court of judicature at Patna (for short "the High Court") whereby the Division Bench of that court allowed the Writ Petition filed by Shri Shiveshwar Narayan (for short "Judicial Officer") and quashed the communication dated July 30, 2003 and directed the High Court on its administrative side to re-evaluate the case of the Judicial Officer (petitioner therein) for extension of service up to the age of 60 years.

2. One appeal has been filed by the High Court through its Registrar General and the other by the Judicial Officer.

3. In appeal filed by the High Court, challenge is to the judgment dated May 20, 2005 whereby its communication on the administrative side dated July 30, 2003 refusing extension of service to the Judicial Officer beyond the age of 58 years has been quashed. In the other appeal, the grievance of the Judicial Officer is that on allowing the Writ Petition, the Division Bench was not justified in directing the High Court on its administrative side to re-evaluate the case of Judicial Officer for extension of service for two years.

4. In All India Judges' Asso

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