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1998 Supreme(Guj) 603

N.N.MATHUR
K. K. PARMAR – Appellant
Versus
HIGH COURT OF GUJARAT – Respondent


Advocates Appeared: D.A.Bhambhania, KETTY A.MEHTA, M.B.GANDHI, MUKUL SINHA, S.N.SHELAT

N. N. MATHUR, J.

( 1 ) THE petitioners in these two Special Civil Application are employees of the High Court of Gujarat in the cadre of Assistants. By way of these Special Civil Application under Art. 226 of the Constitution of India, they have challenged the promotion of respondent Nos. 2 to 15 on the post of Section officers. Both the Special Civil Application rest on similar facts, raise common question of law, except in Special Civil Application No. 351 of 1998, wherein the validity of Rule 47 (2) of the High Court of Gujarat (Recruitment and Condition of Services of Staff) Rules, 1992 (hereinafter referred to as the rules of 1992), is also challenged, are heard together and disposed of by the common order.

( 2 ) THE Honble the Chief Justice of the Gujarat High Court, in exercise of powers conferred by Art. 229 of the Constitution and all enabling provisions, framed the Rules governing the service conditions of all the members of the High Court Staff known as High Court of Gujarat (Recruitment and Condition of Services of Staff) Rules,. 1992. The said Rules repealed the earlier Rules of 1964. Rule 4 of Rules of 1992, categorises staff of the High Court in four classes. Higher p





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