Pradeep Kant, J. - (1.) Heard Sri S.K. Kalia, learned Senior Advocate, assisted by Sri Adarsh Saxena, counsel for the petitioner, Sri Manish Kumar, learned counsel for the High Court and learned standing counsel appearing for the State.
(2.) The petitioner, who was initially appointed as Munsif on 5.11.1979, belongs to 1977 batch of U.P.Nyayik Sewa (hereinafter referred to as UPNS), was promoted as Civil Judge (Senior Division) in the year 1996. During the year 1994-95, he was communicated an adverse entry when he was posted as Civil Judge (Senior Division) at Moradabad. He made a representation against the said adverse entry but the same was rejected on 14.3.1997, aggrieved by which he preferred a writ petition bearing no. 41334 of 1997, which was disposed of on 6.12.2000 with a direction to the respondents to decide the representation of the petitioner keeping in view the observations of the Division Bench and the Hon'ble Supreme Court in the case of Hon'ble High Court of Judicature at Allahabad v. Sarnam Singh and another, reported in 2000(2) SCC 339 .
(3.) In the meantime, when the aforesaid writ petition was pending, the batch mates of the petitioner were considered for officiating promotion under Rule 22(3) of the U.P. Higher Judicial Services Rules, 1975 (hereinafter referred to as the UPHJS Rules), but the petitioner was not recommended for promotion by the Selection Committee because of the aforesaid adverse entry. He was again not recommended for promotion by the Selection Committee on 27.3.2000 because of the said adverse entry. He was also having 'fair' entries for four successive years.;