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2010 Supreme(All) 4330

DEVI PRASAD SINGH, ARUN TANDON
PRABHUJI – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
S.K. Kalia, Adarsh Saxena, Abhishek Yadav, Ashwani Kumar and Shireesh Kumar for the Petitioners; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Devi Prasad Singh, J.—The dispute between the promotees and direct recruits in the cadre of Higher Judicial Service of the State of Uttar Pradesh, has been the unending process since decades. Either side being the member of same fraternity, has been approaching for judicial review of the action of the High Court on one or the other ground but it appears that for one or the other reasons may be, for some fault on the part of the High Court to adjudicate the controversy, justice has not been done. In pursuance of the order of Hon’ble Supreme Court to decide the dispute within six months, the present Division Bench has been constituted by Hon’ble the Chief Justice of this Court to settle the law on the question involved in the writ petition.

2. It is the irony of fate that those, who impart justice to citizens or litigants, are not satisfied for one or the other reason resulting in multiplicity of litigation with regard to seniority and consequential benefits in the cadre of Higher Judicial Service (in short HJS).

3. The petitioners were selected for the post of Munsif Magistrate in accordance with Rules and joined on the said post on 29.8.1978. According to petitioner




































































































































































































































































































































































































































































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