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B. R. GAVAI, SURYA KANT, VIKRAM NATH, K. VINOD CHANDRAN, JOYMALYA BAGCHI
All India Judges Association – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. determination of seniority in hjs. (Para 1 , 2 , 3 , 4) |
| 2. need for balance among judicial officer ranks. (Para 5 , 9 , 10 , 11 , 12) |
| 3. historical context of aija rulings. (Para 19 , 20 , 21 , 22) |
| 4. high court authority over judicial services. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 5. concept of ‘heartburn’ among rps and drs. (Para 38 , 39 , 40 , 41 , 42) |
| 6. adjustment of seniority based on merit. (Para 43 , 46 , 47) |
| 7. guidelines for future seniority determinations. (Para 97 , 98 , 99 , 100 , 101) |
JUDGMENT :
INTRODUCTION
1. The instant Interlocutory Application seeks to revisit the principles governing the determination of seniority within the cadre of Higher Judicial Services (HJS) of all the States. This controversy is neither novel nor transient; rather, it represents a recurring dilemma that has, from time to time, engaged the attention of this Court.
2. To briefly outline the factual context herein, the HJS, across the country, is comprised of officers recruited through three sources: (i) Regular Promotees (RP); (ii) those promoted through the Limited Departmental Competitive Examinations (LDCE); and (iii) Direct Recruits (DR). These three sources for recruitment
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