LAWS(HPH)-1973-6-8

A.N. BHOIL Vs. UNION OF INDIA ETC.

Decided On June 28, 1973
A.N. Bhoil Appellant
V/S
Union Of India Etc. Respondents

JUDGEMENT

(1.) The Petitioner, Shri A.N. Bhoil, and the Respondents Nos. 6 to 8, Shri Kedarishwar, Shri Rampal Singh and Shri Tilak Raj Handa respectively, are Judicial Officers in the service of the Himachal Pradesh Government. Shri A.N. Bhoil applies for the quashing of (a) the notification dated October 12, 1966 appointing Shri Kedarishwar temporarily to officiate as Additional District Judge, Mandi, (b) the notification dated April 8, 1969 appointing Shri Kedarishwar as District and Sessions Judge, Mahasu and Shri T.R. Handa as Additional District and Sessions Judge, Dharamsala, District Kangra, and (c) the order dated November 26, 1969 reverting Shri Bhoil from Additional District and Sessions Judge, Mandi to his substantive post of Subordinate Judge. He also prays for a declaration that he is entitled to all the benefits of seniority, pay and allowances, attached to the post of Additional District and Sessions Judge with effect from the notification dated April 8, 1969 and, in any event, with effect from the date of his reversion.

(2.) During the hearing of the writ petition, Shri Chhabil Dass, learned Counsel for the Petitioner, stated that he did not press for relief against the notification dated October 12, 1966, and therefore we need not consider the validity of that notification.

(3.) It also appears that while the writ petition was pending, the Central Government finalised in July, 1970 the joint seniority list of District/Additional District and Sessions Judges and of the Subordinate Judges in Himachal Pradesh. The Petitioner challenges the correctness of the former list and contends that the name of Shri Kedarishwar should not have been shown therein.