- (1.) Heard Sri M.K. Upadhyay alongwith Sri A.M. Pandey, learned counsel for the petitioner and Sri Sameer Sharma for the respondent and Sri A.K. Srivastava for the Respondent No.5.
(2.) This matter was heard earlier and judgment was reserved on 05.12.2014, however, while going through the record and perusing the judgment of this Court in the case of Sayed Muttaqui Raza Vs. District Judge, Banda, 1999 LawSuit(All) 947 it was revealed that there are Rules known as U.P. Government Service Criteria for Recruitment or Promotion Rules, 1994 (hereinafter referred as 'Rules, 1994'), according to which, the criteria for promotion to the post in question would be 'seniority subject to rejection of unfit' and not 'merit with due regard to seniority' as is provided in Sub Rule 3 of Rule 20 of the Subordinate Civil Court Ministerial Establishment Rules, 1947 (hereinafter referred as 'Rules, 1947'). Rules of 1947, accordingly, the matter was posted for rehearing today vide order dated 08.12.2014 which reads as under:- "The judgment was reserved in this case on 5.12.2014. After going through the records, I find that the parties have not addressed the Court on the issue as to whether U.P. Government Servants Criterion for Recruitment by Promotion Rules, 1994 or Rule 20 (3) of the U.P. Subordinate Civil Courts Ministerial Establishment Rules, 1947 will apply in the instant case. This Court in Syyed Muttaqui Raza vs. District Judge, Banda, 1999 LawSuit(All) 947 took note of this issue but did not give any categorical finding in this regard. List this case for rehearing on 11.12.2014 at 10A.M. "
(3.) Today the matter has been heard.;