Adarsh Kumar Goel, J. - (1.) Leave granted in Special Leave Petition (Civil) No.26993 of 2017 and SLP (Civil) D. No.39750 of 2017. The question for consideration is the validity of determination of seniority of promotee and direct recruit Higher Judicial Service (HJS) officers in the State of Uttar Pradesh. Dispute mainly relates to the principle to be applied for determining seniority for direct recruits and promotees of the years 2007 and 2009 in the context of Rules 22 and 26 of the Uttar Pradesh Higher Judicial Service Rules, 1975 (the Rules) and the judgment of this Court in All India Judges Association versus Union of India, 2002 4 SCC 247.
(2.) Before giving brief facts we may note that the Rules and the issue of seniority of the HJS officers were subject matter of consideration, inter alia, in P.K. Dixit versus State of U.P., 1987 4 SCC 621 , O.P. Garg versus State of U.P., 1991 Supp2 SCC 51 , Sri Kant Tripathi versus State of U.P., 2001 10 SCC 237 , Ashok Pal Singh versus U.P. Judicial Services Association, 2010 12 SCC 635 , V.K. Srivastava versus Govt. of U.P., 2008 9 SCC 77 and Het Singh Yadav versus State of U.P.(Civil Appeal No.5270 of 2012 decided on 15.9.2016).
(3.) In P.K. Dixit , there was challenge to the seniority list on the ground that vacancies had not been properly calculated as per the Rules. This Court directed that matter should be examined afresh with reference to appointments on posts available before the Rules came into force.;