Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judiciary: Subordinate judiciary |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Judiciary: Subordinate judiciary – Recruitment process –Allocation of subordinate judicial officers to the different cadres intwo States-State of Andhra Pradesh and State of Telangana – Draftguidelines by respondent no. 1 whereby allocation shall be done inthe order of seniority as available on 02.06.2014 and preferenceshall be given first to those who have applied for the State in whichthe District declared by them at the time of entering service falls –After consideration, submission of modified guidelines by the HighCourt – Approval of the principles of allocation and officers to beconsidered for allocation in the following order, those who haveopted and are senior; those who have opted for the State in whichthe district declared by them at the time of entering service falls;and if allocable posts still remain then allocation to be done in thereverse order of seniority – Petitioners’ case that draft framed byrespondent no. 1 protected the interest of Judicial Officers ofTelangana whereas modified guidelines by the High Court areprejudicial to the rights of the Judicial Officers of the State ofTelangana – Held: When for entering into Judicial Service, nocondition can be put regarding residence of particular area forallocation of a State, consequent to Act, 2014, nativity cannot besole basis – Judicial Officers belonging to Telangana territorialarea may have desired or expectation to choose or to opt for theircadre in Telangana area, which is a legitimate aspiration, but givingpre-dominance to nativity only is not spelled from any statutoryprovision or scheme – Aspiration of petitioners that no seniorofficer, should come to State of Telangana, which may mar theirprospect of promotion is neither in accord with the constitutionalscheme nor as per ethos of culture of this country – High Courtwhile formulating the guidelines has tried to balance the right ofoption of each Judicial Officer – All the Judicial Officers belongingto Telangana State have opted and allocated the Telangana State –Thus, the Modified guidelines does not suffer from any illegality orerror – Said guidelines is to be accepted and approved – Authoritiesdirected to finalise options of all the Judicial Officers as per themodified guidelines and complete the process of allocation withinthe stipulated period – Andhra Pradesh Re-organisation Act, 2014– ss. 77 and 80 – Constitution of India – Art. 371D. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 926 |
Petitioner | Telangana Judges Association And Anr. |
Respondent | Union Of India And Ors. |
SCR | [2018] 13 S.C.R. 176 |
Judgement Date | 2018-10-03 |
Case Number | 85 |
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