- (1.) V. K. Shukla, J. Present writ petition has been filed by the petitioner assailing the validity of the decision dated 1-5-2007 according promotion to Sri Syed Zafar Husain as Sadar Munsarim in the judgeship of District Judge, Bareilly.
(2.) BRIEF facts of the case is that in the judgeship of District Bareilly on account of attaining the age of superannuation by Sadar Munsarim Sri Kailash Chandra Agarwal, post of Sadar Munsarim fell vacant and then senior most employee Sri Margoob Hussain was accorded promotion vide order dated 30-3-2007. Thereafter said Margoob Hussain also attained the age of superannuation and then exercise was undertaken for according promotion on the post of Sadar Munsarim. In the said exercise was undertaken, petitioner, who is un-disputedly senior, has been non suited and Sri Syed Zafar Husain has been accorded promotion as Sadar Munsarim on the recommendation of Committee, at this juncture present writ petition has been filed. Counter-affidavit has been filed and therein it has been stated that rightful decision has been taken and the post of Sadar Munsarim was selection post, promotion has been made on the basis of the merit with due regard to the seniority, in this background there is no occasion to interfere. Counter-affidavit has been filed on behalf of the District Judge, Bareilly and therein to action taken, has been justified.
(3.) REJOINDER affidavit has been filed to the counter-affidavit and supplementary has also been filed reiterating all most averments mentioned on the earlier occasion. After respective arguments have been advanced, present writ petition has been taken for final disposal/hearing with the consent of the parties.;