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V. D. TULZAPURKAR, V. R. KRISHNA IYER, A. P. SEN, Y. V. CHANDRACHUD, P. N. BHAGWATI
B. S. Yadav: Pritpal Singh – Appellant
Versus
State Of Haryana: State Of Punjab – Respondent
Judgment
CHANDRACHUD, CJI.:- These Writ Petitions under Article 32 of the Constitution involve the consideration of a two-fold controversy: first, as to the rules governing seniority between direct recruits and promotees appointed to the Superior Judicial Services of Punjab and Haryana and second, between the control over district courts and subordinate courts vested in the High Court by Art. 235 and the power conferred upon the Governor by the proviso to Art. 309 of the Constitution to make rules regulating the recruitment and conditions of service of persons appointed, inter alia, to the Judicial Service of the State.
2. We have two sets of Writ Petitions before us which involve identical points except for one material difference which we will mention later. Writ petitions 4228 to 4230 of 1978 are filed by three Judicial Officers of the State of Haryana who are promotees, that is to say, who were promoted to the Superior Judicial Service of the State from the Haryana Civil Service (Judicial Branch). Respondents 1 and 2 to those Writ Petitions are the State of Haryana and the High Court of Punjab and Haryana respectively. Respondent 3, Shri N. S. Rao, is a direct recruit, having bee
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