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1970 Supreme(All) 109

C.D.PAREKH, S.N.DWIVEDI
Mahesh Prasad Srivastava – Appellant
Versus
Abdul Khair – Respondent


Advocates:
Deoki Nandan Agrawal, for Applicant; C. S. P. Singh and R. A. Sharma, for Respondents.

Judgement

DWIVEDI, J. : By our order dated July 22, 1970 we dismissed this appeal and stated that reasons will follow shortly. We are now setting forth our reasons.

2. The appellant and the respondents are members of the High Court staff. All of them belong to the class of Upper Division Assistants. At present the appellant holds the post of the Assistant Superintendent, Administrative Department (Records). He was recently promoted to this post by an order of Hon'ble the Chief Justice.

3. The respondents filed a writ petition praying for the quashing of this order.

4. Promotion to the post of the Assistant Superintendent, Administrative Department, is regulated by Rule 9 of the Allahabad High Court (Conditions of Service of Staff) Rules, 1946. Rule 9 provides that promotion shall be made "by selection, irrespective of seniority."

5. The respondents allege that the appellant was promoted merely by virtue of his being senior in the class of Upper Division Assistants. According to them his promotion is in breach of R. 9.

6. The learned single Judge, who heard the petition, accepted the contention of the respondents and quashed the order of Hon'ble the Chief Justice promoting the appellant t



















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