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2008 Supreme(SC) 1827

K. G. BALAKRISHNAN, R. V. RAVEENDRAN, J. M. PANCHAL
Maharashtra State Judges Association – Appellant
Versus
Registrar General, High Court, High Court of Judicature at Bombay – Respondent


Advocates appeared:
Dushyant Dave, P.H. Parekh, Sr. Advs., Amit Sharma, Anupam Lal Das, Ms. Madhavi Divan, E.R. Kumar and K. Chaturvedi (for M/s. Parekh & Co.), Advocates.

JUDGMENT

K.G. Balakrishnan, CJI. —

By this Writ Petition filed under Article 32 of the Constitution of India, the Maharashtra State Judges Association and some District Judges, have sought the following directions to the respondents :

(i)to make an uniform single cadre of District Judges by merging the posts of District Judges, Addl. District Judges, City Civil Court Judges, Chief Judge and Addl. Chief Judges of Small Cause Court, with effect from 13.11.1991 or alternatively with effect from 31.3.1994 (or further alternatively from 1.7.1996) with inter-se seniority being determined with reference to the date of entry into service in the said posts.

(ii)to withdraw the Maharashtra Judicial Service (Seniority) Rules 2007 (for short the ‘Rules’) and make rules in regard to seniority, in conformity with the decision of this Court, by having a single uniform cadre of District Judges (by merging the aforesaid multiple categories of posts) with effect from 13.11.1991 or 31.3.1994 or 1.7.1996; or in the alternative, to quash the said Rules in particular the proviso to Rule 4(1) of the said Rules.

(iii)to withdraw the draft gradation list of District Judges circulated on 30.3.2007 and make the s
















































































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