G.B.PATTANAIK, S.N.PHUKAN
Maharashtra State Judicial Service Association – Appellant
Versus
High Court Of Judicature At Bombay – Respondent
JUDGMENT
Pattanaik, J.-This petition under Article 32 of the Constitution by the promotee District Judges, who are members of the Maharashtra State Judicial Service Association, assails the decision of the Bombay High Court on Administrative side on the question of inter se seniority of District Judges, appointed by nomination from the Bar and those who are promoted from the rank of Additional District Judge. On consideration of the relevant statutory rules and the judgment of this Court in Balasaheb Vishnu Chavan and Anr. vs. State of Maharashtra and Ors., 1984(2) S.C.C. 675, the High Court came to the conclusion that District Judges, who are appointed by nomination would reckon their seniority in the cadre from the date of appointment, even though they are asked to work as Additional District Judges and the promotee District Judges would reckon their seniority from the date of their promotion. In the writ petition that had been filed, Smt. U.R. Joshi, a direct recruit District Judge had been arrayed as respondent No. 3 in her individual capacity as well as representative of the direct recruit nominated District Judges. She however appeared in her individual capacity alone and amon
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