Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2010 Supreme(SC) 857

2010 (6) Supreme 450
SUPREME COURT OF INDIA
R V Raveendran and Markandey Katju, JJ.
Ashok Pal Singh & Ors. — Appellants
versus
UP Judicial Services Association & Ors. — Respondents
Civil Appeal No. 1312 of 2005
with
Civil Appeal No. 1313 of 2005
and
CA 7927/2010 (@ SLP(C) No. 11476/2005)
Decided on : 13-9-2010

Advocates Appeared:
P. P. Rao, Paramjit Singh Patwalia, Rakesh Dwivedi, Nagendra Rai, Rakesh Kr. Khanna, Salman Khurshid, Sr. Advs., Shail Kumar Dwivedi, AAG, Jitendra Mohan Sharma, Sandeep Singh, Mohinder Jit Singh Rupal, Amanpreet Singh Rahi, Devesh Tripathi, Tushar Bakshi, S. S. Tiwari, Ravi Prakash Mehrotra, Shantanu Krishna, Ms. Mukti Chowdhary, Anant Prakash, Rahul Dua, Ms. Deepti R. Mehrotra, Garvesh Kabra, Vinay Kr. Garg, Ms. Seema Bhatt, Ms. Shailja Sinha, Shantanu Sagar, Shirish Kumar Mishra, Ms. Vandana Mishra, Mrs. Vibha Dwivedi, Tripurari Ray, Ashutosh Dubey, Vishnu Sharma, S. K. Verma, Irshad Ahmad, Pradeep Misra, Vishwajit Singh, Shiv Sagar Tiwari, Imtiaz Ahmed, Mrs. Naghma Imtiaz, M/s. Equity Lex Associates, Chander Sheker, M/s. Manoj Swarup & Co., Sunil Dutta Mishra, Kuldip Singh, Advs., with them for the appearing parties.

IMPORTANT POINT
Quota of direct recruits is 15% of the strength of the service. It is ‘15%’ and not “upto 15%”.

Headnote:(a) U.P. Higher Judicial Services Rules, 1975 – Rules 22(3) and 22(4) – On striking down these rules the temporary appointments made thereunder on promotion would have been invalidated – However the Supreme Court saved the promotees by saving their appointment – Nevertheless other consequences of striking down these rules had to follow, hence seniority of the promotees was not saved – Their seniority would be reckoned from the date they are adjusted to promotees quota as ands when it becomes available – Quota of direct recruits in temporary posts restored. (Para 13)
        1991 (Supp) 2 SCC 51 – Relied upon
        (1987) 4 SCC 621 – Referred
        (b) U.P. Higher Judicial Services Rules, 1975 – Rule 8(2) – Quota of direct recruits is 15% of the strength of the service – It is ‘15%’ and not “upto 15%”. (Para 18)
        (1984) 4 SCC 450 – Relied upon
        (c) U.P. Higher Judicial Services Rules, 1975 – Rule 26 – Even if a direct recruit is appointed against vacancy of previous years, he cannot claim seniority from that year – Seniority cannot be reckoned from a date earlier than actually joining the service. (Para 21)
        (d) U.P. Higher Judicial Services Rules, 1975 – Rule 8(2) – Total vacancies available at a recruitment shall have to be filled by applying sub-rules (1) and (2) of Rule 8 and its provisos. (Para 28)
        (1984) 4 SCC 450 – Relied upon
       Facts of the case:
        These appeals arise out of yet another round of litigation in the dispute between direct recruits and promotees in the Uttar Pradesh Higher Judicial Service, having its genesis in two decisions of this Court in the earlier rounds.
       Finding of the Court:
        Quota of direct recruits is 15% of the strength of the service. It is ‘15%’ and not “upto 15%”.
        Vacancies are to filled up as per rule 8(2) and (3).

JUDGMENT

R. V. Raveendran, J. —

Leave granted in SLP (C) No.11476 of 2005. These appeals arise out of yet another round of litigation in the dispute between direct recruits and promotees in the Uttar Pradesh Higher Judicial Service, having its genesis in two decisions of this Court in the earlier rounds.

2. The recruitment and appointment to the Uttar Pradesh Higher Judicial Service consisting of a single cadre comprising the posts of District and Sessions Judges and Additional District and Sessions Judges are governed and regulated by the U.P. Higher Judicial Services Rules, 1975, (‘Rules’ for short) framed under Article 309 read with Article 233 of the Constitution of India. The said Rules were amended by the UP Higher Judicial Services (Fourth Amendment) Rules, 1996, with effect from 15.3.1996. For convenience, the Rules before amendment will be referred to as the ‘Unamended Rules’ and the Rules after the 1996 amendment will be referred to as the ‘Amended Rules’. As we are concerned with the recruitments for the years 1988, 1990, 1992-1994 and 1998-2000, it may be necessary to refer to the unamended Rules in regard to the recruitments relating to 1988, 1990 and 1992-1994, and the amended rules with reference to the 1998-2000 recruitment. Rules 5, 6, 8, 20, 22 and 26 are relevant and they are extracted below :

“5. Source of recruitment - The recruitment to the Service shall be made -

(a) by direct recruitment of pleaders and advocate of not less than seven years standing on the first day of January next following the year in which the notice inviting applications is published :

(b) by promotion of confirmed members of the Uttar Pradesh Nyayik Sewa (hereinafter referred to as the Nyayik Sewa, who have put in not less than seven years service to be computed on the first day of January next following the year in which the notice inviting applications is published:

Provided that for so long as suitable officers are available from out of the dying cadre of the Judicial Magistrate, confirmed officers who have put in not less than seven years service to be computed as aforesaid shall be eligible for appointment as Additional Sessions Judges in the Service.

xxx xxx xxx

6. Quota - Subject to the provisions of rule 8, the quota for various source of recruitment shall be-

(i) Direct recruitment from

the Bar : 15%

(ii) Uttar Pradesh Nyayik

Sewa : 70% of the vacancies.

(iii) Uttar Pradesh Judicial Officers

Service (Judicial Magistrates) : 15%

Provided that where the number of vacancies to be filled in by any of these sources in accordance with the quota is in fraction, less than half shall be ignored and the fraction of half or more shall ordinarily be counted as one:

Provided further that when the strength in the cadre of the Judicial Magistrate gradually gets depleted or is completely exhausted and suitable candidates are not available in requisite numbers or no candidate remains available at all, the shortfall in the number of vacancies required to be filled from amongst Judicial Magistrates and in the long run all the vacancies, shall be filled by promotion from amongst the members of the Nyayik Sewa and their quota shall, in due course, become 85 per cent.

8. Number of appointments to be made - (1) The Court, shall, from time to time, but not later than three years from the last recruitment, fix the number of officers to be taken at the recruitment keeping in view the vacancies then existing and likely to occur in the next two years.

Note : The limitation of three years mentioned in this sub-rule shall not apply to the first recruitment held after the enforcement of these rules.

(2) If at any selection the number of selected direct recruits available for appointment is less than the number of recruits decided by the Court to be taken from that source, the Court may increase correspondingly the number of recruits to be taken by promotion from the Nyayik Sewa:

Provided that the number of vacancies filled in as aforesaid under this sub rule

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2010 Supreme(SC) 857

IMPORTANT POINT Quota of direct recruits is 15% of the strength of the service. It is ‘15%’ and not “upto 15%”.

Cases Referred (4)

IMPORTANT POINT
Quota of direct recruits is 15% of the strength of the service. It is ‘15%’ and not “upto 15%”.