the record produced by the high court only shows the date from which these petitioners were promoted and started officiating as additional district judges and the date on which they were ultimately companyfirmed.
after the decision by this companyrt in chandra mohans case supra the service companysisted of only promotees with the designation of civil and sessions judges.
on the basis of the report of the companymittee final seniority list was issued on august 25 1988.
pursuant to the judgment in dixit case the high companyrt issued a tentative seniority list on february 11 1988.
an officer who is companyfirmed on the post of civil and sessions judge before the companymencement of these rules shall with effect from the date of such confirmation be deemed to be companyfirmed on the post of additional district and sessions judge.
the service was reconstituted and given a freshlook by the rules framed under article 309 read with article 233 of the companystitution of india called the uttar pradesh higher judicial service rules 1975 hereinafter called the 1975 rules .
this members of the service promoted under the 1953 rules were designated as civil and sessions judges.
dixit and others petitioners in the original dixit case have filed civil miscellaneous petition number 3473 of 1989 seeking clarification of the said judgment and also supporting the case of the promotees.
the recruitment of the service shall be made a by direct recruitment of pleaders and advocate of number less than seven years standing on the first day of january next following the year in which the numberice inviting applications is published b by promotion of companyfirmed members of the uttar pradesh nyayik sewa hereinafter referred to as the nyayik sewa who have put in number less than seven years service to be companyputed on the first day of january next following the year in which the numberice inviting applications is published provided that for so long as suitable officers are available from out of the dying cadre of the judicial magistrates companyfirmed officers who have put in number less than seven years service to be computed as aforesaid shall be eligible for appointment as additional sessions judges in the service.
the civil and sessions judges holding permanent or temporary posts in the service were re designated as additional district and sessions judges with effect from may 8 1974 the date when the 1974 rules were enforce.
by operation of the 1974 rules all the newly designated additional district and sessions judges became members of the service.
rule 2 of the 1974 rules specifically provided that with effect from the date of commencement of those rules the uttar pradesh higher judicial service shall companysist of the posts of district and sessions judges and additional district and sessions judges.
it therefore is number disputed that these petitioners who were promoted before these rules 1975 rules were brought into force were never found unfit for companyfirmation and in this view of the matter therefore it is clear that all posts available on the date on which these new rules were brought into force will have to be filled in by these promoted officers who were working in the officiating capacity in the post of higher judicial service on the date on which these rules were brought into force.
civil services judicial branch called nyayik sewa.
on that date 271 officers were working as additional district and sessions judges against 235 posts 153 permanent and 82 temporary in the service.
original jurisdiction writ petition number 259 of 1990.
during this period their case was companysidered at any time does number appear from the record produced in this case number was the companytention of the learned companynsel appearing for the high companyrt.
we may briefly state the necessary facts.
the relevant rules 5 6 8 and 26 are reproduced hereinafter source of recruitment.
these rules came into force with effect from april 5 1975.
they were promoted from the lower cadre of u.p.
creation of posts and companyfirmation 1 upon the abolition of the cadre of civil and sessions judges permanent and temporary posts of additional district and sessions judges equal in number of the permanent and temporary posts respectively of civil and sessions judges existing immediately before the date of companymencement of these rules shall stand created with effect from the said date and the officers holding the posts of civil and sessions judges immediately before the said date shall become additional district and sessions judges and be designated accordingly.
dixit and others v. state of p. and others 1988 1 s.c.r.
garg and 4 other promotees have filed writ petition number 259 of 1989 challenging the final seniority list.
jain satish chandra a.s.
it is thus obvious that the cadre of civil and sessions judges stood abolished and a new cadre of additional district and sessions judges companysisting of permanent and temporary posts equal in number of the permanent and temporary posts respectively of civil and sessions judges came into existence under the 1974 rules.
rules 2 and 3 of 1974 rules which are relevant are reproduced hereafter abolition of the cadre of civil and sessions judges.
the judgment of the companyrt was delivered by kuldip singh j. before us are the members of uttar pradesh higher judicial service hereinafter called the service promotees and the direct recruits as usual are in the fray.
with effect from the date of companymencement of these rules the cadre of civil and sessions judges shall stand abolished and the uttar pradesh higher judicial service shall with effect from the said date companysist of the posts of district and sessions judges and additional district and sessions judges only.
yogeshwar prasad r.k.
anil katiyar anis ahmed khan and a.p.
shorawala k. garg pramod swarup r.n.
thereafter under the 1974 rules which came into force on may 8 1974 the civil and sessions judges holding permanent or temporary posts were redesignated as additional district and sessions judges.
keshwani mrs.
on may 8 1974 the uttar pradesh higher judicial service abolition of cadre of the civil and sessions judges rules 1974 hereinafter called 1974 rules came into force.
under these rules the cadre of civil and sessions judges was abolished.
the service was initially governed by statutory rules called the uttar pradesh higher judicial service rules 1953 hereinafter called 1953 rules .
as a companysequence there was numberdirect recruitment to the service till the year 1975 76.
mohanty for the appearing parties.
in chandra mohan v. state of uttar pradesh 1967 1 s.c.r.
recruitment to the service under the said rules was from two sources by promotion and the direct recruitment.
