- (1.) Heard Sri Yogesh Agarwal, assisted by Sri Sanjay Singh, learned counsels for the petitioner, Sri Manish Goyal, Additional Advocate General appearing for the first, second and third respondents and Sri Vinay Kumar Khare, learned counsel appearing for fourth respondent and perused the record.
(2.) The instant Writ Petition is directed against the order dated 21 October 2011 passed by District Judge, Mahoba, thereby, promoting the junior to the petitioner on the post of Sadar Munsrim. Further, a direction has been sought to promote the petitioner to the post of Sadar Munsrim in the judgeship of Mahoba.
(3.) The facts giving rise to the petition, in brief, is that the post of Sadar Munsrim fell vacant on 21 October 2011. The name of the petitioner along with other candidates, including the fourth respondent was considered for promotion. The rules governing promotion is provided under the Subordinate Civil Courts Ministerial Establishment Rules, 19471. Rule 20, in particular, Sub-Rule (3) is relevant in the facts of the instant case. The rule, inter alia, provides for the criteria of promotion to the post of Sadar Munsrim and specifically lays down that promotion is to be made according to merit subject to seniority. Rule 20 is extracted:- 1 Rules, 1947 20. Promotion :- (1) The posts in a judgeship reserved for clerks in that judgeship and promotion to higher posts shall be made from amongst them. If, however, no suitable clerk is available in the judgeship for promotion to a particulars post, promotion as a special case may be made from another judgeship with the sanction of the High Court or the Chief Court, as the case may be. (2) ............................................. (3) Posts other than those mentioned in clause (2) above, for persons in the pre-1931 scale on post 1931 scale respectively shall be treated as selection posts, promotion to which shall be based on merit with the due regard to seniority . Note:- In passing over a person for inefficiency as well as promotion for a selection post, due weight shall be given to his previous record of service and outstanding merit as compared with his seniors. (4) .............. (5) .............. (6) .............. (7) .............. ;