NDLI: Kum C. Yamini Vs. The State of Andhra Pradesh & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Andhra Pradesh State Higher Judicial Service Special Rules for Ad Hoc Appointments 2 Fast Track Court 2001 7 Ad hoc District Judges rr.1 Estoppel
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Judiciary: Fast Track Court – Ad hoc District Judges – Selection to the post of District Judges in regular cadre from adhoc Fast Track Court District Judges – Claim for seniority based on adhoc appointment – Appellant was appointed to a Fast Track Court (FTC) as an ad hoc District Judge in 2003 – On 28.5.2004, the second respondent-High Court issued notification inviting applications for regular appointments to the posts of District Judge in the Higher Judicial Service – A set of ad hoc District Judges appointed to the FTCs filed writ petition questioning the notification and praying for absorption against regular vacancies – High Court dismissed the writ petition – On appeal, the Supreme Court while declining to grant relief of absorption directed that the direct recruits to FTCs who opted for regularization shall be subjected to written examination and interview for being entitled to be appointed to the regular cadre of the Higher Judicial Services of the respective States – In compliance of these directions, the second respondent-High Court issued notification inviting applications, to fill up the posts of District Judges in regular cadre from the working/former ad hoc FTC District Judges – Appellants responded to the said notification and was selected and appointed by G.O. MS No. 68 dated 2.7.2013 – Appellant availed the benefit of such appointment and completed probation of two years – Nearby four years of her appointment, she filed writ petition questioning G.O. MS No. 68 dated 2.7.2013 and claiming seniority from date of her initial appointment as adhoc District Judge – High Court rejected her claim – Hence instant appeal – Held: The appointments which came to be made for selecting District Judges for FTCs sanctioned under the 11 th Finance Scheme are totally different and distinct, compared to appointments which are to be made for regular vacant posts of District Judges – Merely on the ground that they were selected by following the same procedure akin to that of regular selections, is no ground to consider their claim for grant of seniority from the date of initial appointment – When their claim for regularisation/absorption and challenge to notification issued in the year 2004 for making selections to the vacant regular posts of District Judges was rejected, the appellants have no basis to claim seniority from the date of initial appointment – In any event, having applied in response to the notification issued by the High Court in 2013 after availing the benefit of appointment, it is not open to the appellants to question the conditions imposed in the order which is in conformity with rules – Undisputedly, appellant was appointed as ad hoc District Judges to preside over the FTCs only – Initially when she was not appointed to a post or category of posts, forming part of cadre strength in such category, appellant cannot claim any seniority over the persons regularly appointed in the category of posts forming part of cadre strength – Andhra Pradesh State Higher Judicial Service Special Rules for Ad Hoc Appointments, 2001 – rr.1, 2, 7 – Estoppel.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2019 INSC 905
Petitioner	Kum C. Yamini
Respondent	The State Of Andhra Pradesh & Anr.
SCR	[2019] 10 S.C.R. 595
Judgement Date	2019-08-14
Case Number	6296

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