Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | seniority Orissa Judicial Service |
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 Allowed |
Headnote | Orissa Judicial Service (Special Schemes) Rules 2001: rr. 3, 4, 5 and 7 - Member of Orissa Superior Judicial Service (Junior Branch) - Ad hoc promotion as Additional District Judge in Fast Track Court created in terms of 11th Finance Commission recommendations - Claim that such ad hoc service be treated for the purpose of seniority in Orissa Superior Judicial Service (Sr. Branch) - Held: Not tenable - In the absence of any vacancy in the Senior Branch cadre of Superior Judicial Service to be filled up by promotion, no appointment to the Senior Branch of service by way of promotion can be made - On the date of appointment of the officer to ad hoc post of Addl. District Judge in Fast Track Court or on the date he joined the said post, there was no cadre post available - Promotion of the officer as an ad hoc Addl. District Judge pursuant to which he joined the post is traceable wholly and squarely to 2001 Rules and not to 1963 Rules - Officer has been rightly given benefit from the date the vacancy occurred in the Senior Branch cadre - Orissa Superior Judicial Service Rules 1963.The instant appeal was filed by two officers of the Orissa Superior Judicial Service (Senior Branch) directly appointed from the bar, challenging the judgment of the High Court whereby it allowed the writ petition of respondent no. 1 (writ petitioner), and directed the High Court on administrative side to treat the period of service rendered by the writ petitioner as ad hoc Additional District Judge (Fast Tack Court) for the purpose of seniority from the date of his joining the said post. The question for consideration before the Court was: "whether promotion of the writ petitioner as an ad hoc Additional District Judge vide Notification dated 5.1.2002 to the Senior Branch of the Superior Judicial Service for being posted in the Fast Track Court established out of 11th Finance Commission recommendations can be said to be an appointment in the Senior Branch cadre of Superior Judicial Service." |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2013 INSC 143 |
Petitioner | Debabrata Dash And Anr. |
Respondent | Jatindra Prasad Das & Ors. |
SCR | [2013] 2 S.C.R. 331 |
Judgement Date | 2013-03-11 |
Case Number | 2316 |
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