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2010 Supreme(All) 2195

VIRENDRA SINGH, ASHOK BHUSHAN
OMVIR SHARMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S.C. Dwivedi and Ravi Kant for the Appellant; Ashok Khare, Amit Sthelkar, K.R. Sirohi, P.N. Ojha and Siddharth Khare, C.S.C. for the Respondents.

JUDGMENT

Hon’ble Ashok Bhushan, J.—These two special appeals have been filed against the same judgment and order of Hon’ble Single Judge dated 9.1.2007, allowing the writ petition No. 47915 of 2006, filed by Satya Prakash Sharma. Appeal No. 147 of 2007 has been filed by Omvir Sharma, who was the respondent No. 4 in the writ petition. By the impugned judgment and order, the selection of respondent No. 4 on the post of Sadar Munsarim, which was impugned in the writ petition was quashed. The High Court also feeling aggrieved specially with the view of Hon’ble Single Judge that seniority of ministerial staffs of the subordinate Courts shall be governed by U.P. Government Servants Seniority Rules, 1991 and not by the Subordinate Civil Courts Ministerial Establishment Rules, 1947, has come up in the appeal.

2. We have heard Sri S.C. Dwivedi, learned counsel for the appellant in Special Appeal No. 147 of 2007, Sri Ashok Khare, learned Senior Advocate has appeared on behalf of respondent No. 4. Sri Amit Sthelkar has appeared for the appellant in Special Appeal No. 287 of 2007 on behalf of High Court of Judicature at Allahabad.

3. The facts giving rise to the writ petition has been stated in



































































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