A. M. AHMADI, M. N. VENKATACHALIAH, P. B. SAWANT
All India Judges Association: State Of H. P. : Shamsher Bahadur Singh – Appellant
Versus
Union Of India: High Court Of H. P. : State Of Bihar – Respondent
JUDGMENT
SAWANT, J.:—These review petitions have been filed by the Union of India and various States raising general objections as well as objections to the specific directions given by this Court vide our judgment dated 13th November, 1991# to improve the service conditions of the members of the subordinate judiciary in the country. The general objections which are common in all the petitions may be summarised as follows :
#Reported in AIR 1992 SC 165.
(a) As per Arts. 233 and 234 of the Constitution, the appointment to the posts of District Judges as well as to the posts other than those of the District Judges under the Judicial Service of the State are made by the Governor of the State. The power to regulate their conditions of service belongs to the executive subject to the legislative control. It is entirely in the purview of the respective State legislature, Government to determine the conditions of service and as such this power given to the State Legislature and the State Government is whittled down or curtailed by issuance of the specific directions in this regard by this Court.
(b) In S. L. Sachdev v. Union of India, AIR 1981 SC 411, para 13, this Court has laid down that th
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