Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judiciary — Seniority — Claint of by judicial officers appointed as Fast Track Court judges |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Judiciary — Seniority — Claint of, by judicial officers appointed as Fast Track Court judges -~- On facts, appellants appointed as District Munsifs in State Judicial Service and in due course promoted as Sub-judges — Later their names recommended for promotion to the post of District and Sessions Judge, Grade I — Appellants when functioning as sub-judges, Government sanctioned 86 additional posts to be established as Fast Track Courts — Initially the High Court sanctioned 41 Additional District and Sessions Court and 3 Additional Senior Civil Judges Court — Approval of names for appointment as District and Sessions Judges, Grade Il by transfer — Appellants posted as DSJ Gr II against vacancies in Fast Track Courts temporarily — Respondents appointed as DSJ Gr H by direct recruitment — Respondents claiming seniority over the DSJ promoted by way of transfer from the cadre of Senior Civil Judge - Final seniority list prepared — Seniority of respondents fixed above that of the appellants — Seniority list upheld by the High Court - On appeal, held: Appointments in respect of Fast Track Courts are ad hoc in nature — No right accrtes to such recruits promoted/posted on ad hoc basis from the lower judiciary for the regular promotion on the basis of such appointment —- FTC Judges were appointed under a separate set of rules than the rules governing the regular appointment in the State Higher Judicial Services -- Appellants were promoted because of the introduction of the Fast Track Court Scheme and under the 2001 Rules ~ They were the beneficiaries of a Scheme ~ While continuing in the post under the scheme, the regular posts in the cadre fell vacant and they were regularised but prior to that; the respondents were appointed as direct recruits in respect of substantive posts in their quota ~ Appellants should have been in a position to accept the distinction — Andhra Pradesh State Higher Judicial Service Special Rules for Adhoc Appointments, 2001. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 461 |
Petitioner | V. Venkata Prasad & Ors. |
Respondent | High Court Of A.p. & Ors. |
SCR | [2016] 3 S.C.R. 834 |
Judgement Date | 2016-06-29 |
Case Number | 6105 |
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