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1976 Supreme(All) 358

K.N.SINGH, YASHODANANDAN
Dinesh Chandra Srivastava – Appellant
Versus
The State of U. P. – Respondent


Advocates:
Jagdish Swarup, for Petitioners; Vinod Swarup, for Respondent.

Judgement

K. N. SINGH, J. :- These are three petitions under Art.226 of the Constitution which raise common questions of law. We consider it proper to dispose of the three petitions by a common judgment.

2. The petitioners are members of the U. P. Civil Service (Judicial Branch) Nyayik Sewa. They have invoked jurisdiction of this court for the issue of a writ of certiorari quashing the U. P. Government notification No. 41/13/1966- Appointment-4, dated March 12, 1975, and also the U. P. Higher Judicial Service Rules as notified by the U. P. Government Notification No. 41/13/1966-Appointment-4, dated March 21, 1975, and for the issue of a mandamus restraining the State of Uttar Pradesh from giving effect to the said Rules and making any appointment in pursuance thereof.

3. The Governor of Uttar Pradesh issued the notification dated March 12, 1975, under Art.237 of the Constitution directing that the provisions of Chap. VI of Part VI of the Constitution and any rules made thereunder shall with effect from the date of notification apply to Judicial Magistrates (including Chief Judicial Magistrates) in the State who are members of the U. P. Judicial Officers Service, as they apply in relat











































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