Decided on January 09,1990



- (1.)This appeal by special leave is directed against the dismissal of the writ petition of the appellants in limine by relying upon a division bench judgment of the same High court delivered in Civil Miscellaneous Writ petition No. 9724 of 1978.
(2.)The appellants were employees of the establishment of the Dis- trict Judge of Agra. They had the benefit of reservation introduced on the basis of the government Order dated 8/03/1973 followed by another communication of 20/03/1974. The District Judge on the administrative side made a reference to the High court of Allahabad asking for clarification as to whether the said benefits contained in the government order were available to the appellants and the High court communicated to the District Judge the opinion relying upon the benchdecision referred to above, that the benefits were not available. Con- sequent upon such communication the District Judge made an order of reversion of the appellants after withdrawing the benefit. We are told that in respect of three the order became operative and the fourth one got an order of stay.
(3.)The division bench judgment relied upon was in the case of employees serving in the establishment of the Accountant General of uttar Pradesh and the rules applicable to such employees were framed under Article 148 (5 of the Constitution. The position in regard to employees covered by such rules is different from those belonging to the category of the appellants and the High court, therefore, on the adminis trative side should not have relied upon that division bench judgment for its administrative advice to the District Judge. We are of the view that the action taken by the District Judge in recalling the benefits of reservation was not justified and, therefore, the order of the District Judge which was impugned before the High court must be set aside. The net result, therefore, is that the benefit already available to the appellants shall be restored to them with all consequential benefits and the reference made by the District Judge to the High court for administrative instructions shall be deemed to be pending. The High court shall take into consideration the law laid down in a series of cases of this court relevant to the point and if it considers appropriate it may advise the District Judge as to what action should be taken. Otherwise the appellants shall have the benefit of this judgment and shall remain covered by the reservation as directed by the State government.

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