Deepak Gupta, J.

1. By means of this petition the petitioner has laid challenge to the notification dated 29th September, 2010, Annexure P-7, whereby respondent No. 2, Shri H.S. Rana, who at the relevant time was working as Director of Prosecution, Himachal Pradesh, was granted extension in service from the date of his superannuation, i.e. 30.09.2010, till further orders.

2. The brief facts of the case are that the petitioner is presently working as Joint Director (Prosecution) with the State of Himachal Pradesh. Respondent No. 2, as mentioned above, was working as Director (Prosecution) and was due to retire on th September, 2010. The main challenge in the petition was that the impugned notification had been issued without obtaining the concurrence of the Chief Justice of the High Court of Himachal Pradesh in terms of Section 25A of the Code of Criminal Procedure, 1973. The relevant portion of the Section 25A of the Code of Criminal Procedure reads as follows:

“25A. Directorate of Prosecution. – (1) The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit. (2) A p