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2004 Supreme(All) 241

JAGDISH BHALLA, P.K.CHATTERJI
DEVENDRA KUMAR NAILWA – Appellant
Versus
STATE OF U. P – Respondent


Advocates Appeared:
D.K.Upadhyay, SANJAY BHARTI

JAGDISH BHALLA, J.

( 1 ) BY this writ petition under Article 226 of the Constitution of India, the petitioner, who is a Member of U. P. Nyayik Sewa and is presently posted as additional Chief Judicial Magistrate, Lakhimpur kheri, seeks issuance of a writ in the nature of certiorari for quashing of the orders contained in Annexure-8 and Annexure-10 to the writ petition, rejecting the representation preferred by the petitioner against the adverse remarks for the year 2000-2001 and also for a writ or direction in the nature of mandamus directing the respondents to promote the petitioner in Higher Judicial Service cadre [hereinafter referred to as the "h. J. S. " cadre for the sake of brevity] with effect from 15. 5. 2001, the date on which persons junior to the petitioner were given promotion. Shorn of details, brief facts necessary for disposal of this writ petition are, that the petitioner was appointed as a Member of U. P. Nyayik Sewa on 5. 8. 1985 and was posted as Munsif, Nainital. On 5. 8. 1990, he was granted senior pay scale. Thereafter, the petitioner was promoted to the post of Civil Judge/addl. Chief Judicial Magistrate on 22. 10. 1994 and was posted at Ghaziabad. In the ye























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