Hon’ble Rajan Roy, J.—Heard Sri M.K. Upadhyay alongwith Sri A.M. Pandey, learned counsel for the petitioner and Sri Sameer Sharma for the respondent and Sri A.K. Srivastava for the Respondent No. 5.

2. This matter was heard earlier and judgment was reserved on 5.12.2014, however, while going through the record and perusing the judgment of this Court in the case of Sayed Muttaqui Raza v. District Judge, Banda, 1999 Law Suit (All) 947, it was revealed that there are Rules known as U.P. Government Service Criteria for Recruitment or Promotion Rules, 1994 (hereinafter referred as ‘Rules, 1994’), according to which, the criteria for promotion to the post in question would be ‘seniority subject to rejection of unfit’ and not ‘merit with due regard to seniority’ as is provided in Sub Rule 3 of Rule 20 of the Subordinate Civil Court Ministerial Establishment Rules, 1947 (hereinafter referred as ‘Rules, 1947’). Rules of 1947, accordingly, the matter was posted for rehearing today vide order dated 8.12.2014 which reads as under :

“The judgment was reserved in this case on 5.12.2014. After going through the records, I find that the parties have not addressed the Court on the issue as