Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Judicial Service Recruitment (Second Amendment) Rules 1992- Rule 5(2)(ii) and 5(2)(c) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Service Law: Bombay Judicial Service Recruitment (Second Amendment) Rules, 1992- Rule 5(2)(ii) and 5(2)(c)-District Judges-lnter-se Seniority-Reckoning of- District Judges appointed by nomination from the Bar and those promoted from the rank of Additional District Judges-Direct Recruits to work as Additional District Judges on probation for two years-High Court holding that those who were appointed by nomination would reckon their seniority from the date of appointment and the promotee to reckon their seniority from the date of their promotion-Held, not justified-Seniority of direct recruit could be reckoned from the date of his appointment to work as a District Judge after completing the probation period and not from the initial appointment-Order of High Court struck down-Alteration of sub-clauses of s.5(2)-Appropriate amendment-Directions issued. Words and Phrases : Expression "to work as"-Meaning of in context of Rule 5(2)(iii)(a) and Rule 5(2)(c) of Bombay Judicial Service Recruitment (Second Amendment) Rules, 1992.The issue involved in the present writ petition is regarding the inter-se-seniority of District Judges appointed by nomination from the Bar and those who were promoted from the rank of Additional District Judge. Under Rule 5(2)(iii)(a) of the Bombay Judicial Service Recruitment (Second Amendment), Rules, 1992 direct recruit District Judges were to work as Additional District Judges on probation for a period of two years and only on completion of the said period of probation they were appointed as District Judges. High Court on administrative side held that those who were appointed by nomination would reckon their seniority in the cadre from the date of their appointment and the promotee District Judges would reckon their seniority from the date of their promotion. Hence the present writ petition by promotees.On behalf of promotee-petitioners it was contended that on a plain literal meaning being given to the language used in Rule 5(2)(c), the seniority in case of direct recruit has to be reckoned from the date he was appointed to work as District Judge and not from the date he was appointed to work as an Additional District Judge. |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 2002 INSC 92 |
Petitioner | Maharashtra State Judicial Service Association And Ors. |
Respondent | High Court Of Judicature At Bombay And Ors. |
SCR | [2002] 1 S.C.R. 1125 |
Judgement Date | 2002-02-20 |
Case Number | 609 |
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