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2005 Supreme(P&H) 920

S.S.NIJJAR, S.S.SARON
Nawab Singh – Appellant
Versus
State Of Haryana – Respondent


Judgment

S.S.Nijjar, J.

1. The petitioners and respondent No. 3 are all Members of the Haryana Superior Judicial Services (hereinafter referred to as "the KSJS"). All of them are presently occupying the posts of District and Sessions Judges within the State of Haryana. The Service conditions of the petitioners are governed by the Punjab Superior Judicial Service Rules, 1963, as adopted for the State of Haryana and amended from time to time (hereinafter referred to as "1963 Rules"). The petitioners were appointed to HSJS by direct recruitment. Respondent No. 3 was initially appointed in the Haryana Civil Services (Judicial Branch) hereinafter referred to as "the HCS (Judicial"). Rule 8 of the aforesaid 1963 Rules provides that recruitment to the service shall be made by promotion amongst the members of the HCS (Judicial) who have completed not less than 10 years continuous service as such or by direct recruitment. Rule 8(ii) provides that out of the total number of cadre posts, 2/3rd shall be manned by promotee officers and l/3rd by direct recruits. The Rule further provides that a promotee officer may be given officiating appointment on any post which is to be filled up by direct re



































































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