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1997 Supreme(All) 1507

O.P.GARG
JAI GOVIND – Appellant
Versus
DISTRICT JUDGE – Respondent


Advocates Appeared:
Janardan Sahai, S.A.KAZMI, SUNIL AMBWANI

O. P. GARG, J.

( 1 ) IN these two writ petitions, under Article 226 of the Constitution of India, a dispute has been raised about the selection and appointment to the posts of Senior Administrative Officer, Sadar munserim in the Judgeship of Bareilly and the Sadar Munserim in the Court of Principal Judge, family Court, Bareilly.

( 2 ) IN certain Judgeships of this State, there are posts of Sadar Munserim (hereinafter referred to as s. A. O. and s. M. respectively ). The post of S. A. O. is the highest in rank in the establishment of class III employees and the next below the post of S. A. O. is the post of S. M. The post of S. M. is governed by the provisions of Subordinate Civil Court Ministerial Establishment Rules, 1947. The post of S. A. O. was created by Government Order dated 19. 8. 1989 in which it was contemplated that the incumbent who is holding the post of S. M. shall be promoted to the post of s. A. O. Any class III employee in the Judgeship may on the basis of seniority, aspire for appointment on the two key posts of S. A. O. and S. M.

( 3 ) IN the Judgeship of Bareilly, Sri V. K. Saxena was the S. A. O. who was to retire on 31. 7. 1995. The question of filling the s















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