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2023 Supreme(Del) 606

MANMOHAN, SAURABH BANERJEE
Neetunagar – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates:
Advocate Appeared:
Abhaya K. Behera, Ankur Chhibber, Avnish Ahlawat, Tania Ahlawat, Nitesh Kumar Singh, Palak Rohmetra, Laavanya Kaushik, Aliza Alam, Amit George, Amol Acharya, Arkaneil Bhoumik, Piyo Harold Jaimon, Rayadurgam Barath.

JUDGMENT :

MANMOHAN, J.

ISSUE

1. The issue that arises for consideration in the present writ petition is whether the past service rendered by the petitioner as a Civil Judge (Junior Division) with the Haryana Civil Service (Judicial Branch) (‘HCS’) can be counted for the purpose of calculating the qualifying service viz. ten years as Civil Judge (Junior Division), for appointment to the Delhi Higher Judicial Service (‘DHJS’) by promotion on the basis of merit through Limited Departmental Competitive Examination (‘LDCE’) in terms of Rule 7(1)(b) of the Delhi Higher Judicial Services Rules, 1970 (‘DHJS Rules’)

FACTS

2. The facts germane to the present case are that the petitioner joined the HCS on 27th June, 2012 as a Civil Judge (Junior Division). Subsequently, the petitioner successfully participated in the Delhi Judicial Service Examination, 2015 and joined the Delhi Judicial Service (‘DJS’) on 11th May, 2018 through proper channel i.e., after getting relieved on 10th May, 2018 from the post of Civil Judge (Junior Division)-cum-Judicial Magistrate First Class, Kurukshetra, Haryana.

3. Based on her past service in the HCS, the petitioner was exempted from undergoing mandatory induction t

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