COMMON ORDER:

W.P.No.3642 of 1992: The petitioner is the Secretary of the Pondicherry Bar Association. He filed the above writ petition on behalf of the Bar Association, according to the petitioner, is devoted to act in furtherance of the interest of the Judiciary and the Rule of Law with a view to achieve justice to the litigant public, with following prayer: "To issue a writ in the nature of a certiorari or any other appropriate writ or order, calling the records relating to the Order No.59/SPA/92-LD, dated 27.2.1992 on the file of the respondent and G.O.Ms.No.31/84/LLD, dated 2.7.1984 on the file of the 4th respondent to quash the same and to pass such further or other order as this Court may deem fit proper."

2. The petitioner filed W.M.P.No. 19852 of 1992 to amend the prayer in the writ petition, which is as follows: "To issue a writ in the nature of a certiorari or any other appropriate writ or order, calling the records relating to the Order No.59/SPA/ 92/LD, dated 27.2.1992 on the file of the respondent and G.O.Ms.No.31/84/LLD, dated 2.7.1984 on the file of the 4th respondent to quash the same in so far as the 3rd respondent is concerned and to pass such further other order as this Court may deem fit to grant."

3. The short facts of the case are as follows: By order dated 27.2,1992 bearing No,59/SPA/92-L.D. the 3rd respondent (V.A.Edward Kumar), a junior time scale (Grade Officer of the Pondich-erry Judicial Service, was promoted with immediate effect to junior scale (Grade I) of that service and posted as Special Officer-cum-Subor-dinate (Second Additional), Judicial Department, Pondicherry. The 3rd respondent had appointed to the junior scale (Grade II) of the Pondicherry Judicial Service with effect 8-5-1984 along with four others viz., S.R.Pushpavalli, L.Veeranath Rao, G.Patric G.Rajasurya, who are respondents 2 to 5 in W.P.No.14035 of 1992. According to petitioner, the 3rd respondent came on transfer to the Law Department, Pondicherry thereafter he passed B.L.degree examination from the Pondicherry Law College, affiliated to the Madras University, by availing study leave, in or about 1975. Even passing the law degree examination, he continued in the service of the Law Department his appointment to junior scale (Grade II) of the Pondicherry Judicial Service by the Government Order dated 2.7.1984.

4. The petitioner submits that the 3rd respondent neither practised law as an Advocate held a post which requires knowledge of law in its recruitment rules, for a period of years in substantive capacity prior to his consideration, selection and appointment Judicial Service as required under the Pondicherry Judicial Service Rules, 1980 (hereinafter referred to as the Rules). Even after the appointment of the 3rd respondent under the scale (Grade II), he had not acted a single day as a Judicial Officer since his appointment with effect from 8.5.1984. The junior scale (Grade II) judicial post is equivalent to the of a District Munsif. Junior scale (Grade I) post is equivalent to the post of a Subordinate Judge. To hold the post of a Subordinate Judge, which carries an unlimited pecuniary jurisdiction besides appellate powers on certain matters, the incumbent should have experience at least for five/six years actually discharging judicial functions sitting in a and disposing cases. The 3rd respondent cannot contend and justify his continuance officiating appointments on other duty in the Law Department stating that he was pot a post to discharge judicial functions. The 3rd respondent, as on this date, lacks experience, service requirement and practical knowledge for being promoted and appointed Subordinate Judge. The public in general and the litigant public in particular areentitted have their lis and disputes adjudicated upon by a qualified, experienced, fit knowledgeable Subordinate Judge since dispensation of justice in the Sub Courts are matters of considerable public and private consequence and importance. Th