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2007 Supreme(Mad) 2865

SUDHANSU JYOTI MUKHOPADHAYA, V.DHANAPALAN
Madras High Court Staff Association, Rep. by its Secretary, New Building, High Court of Madras, Chennai & Another – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary to Government, Home CTS. I Dept. , Fort St. George, Chennai & Others – Respondent


Advocates:
For the Petitioners:Vijay Narayan, SC for M/s. R. Parthiban & Narmadha Sampath, C. Selvaraj SC for M.V. Muralidharan, Advocate. For the Respondents: R1, R. Viduthalai, AG assisted by G. Sankaran, AGP (W), R2, V. Arun, GA (Writs), R3, R. Muthukumaraswamy, SC.

Judgment :-

S.J. Mukhopadhaya, J.

This case relates to recruitment to the post of Civil Judge (Jr. Division) pursuant to Tamil Nadu Judicial Service (Cadre & Recruitment) Rules, 2007, (hereinafter referred to as Rules, 2007). In one of the case, upper age limit of 35 years is under challenge. In the other case, the validity of rules prescribing source of recruitment is under challenge.

2. The condition of service of members of subordinate judiciary was decided by Supreme Court in the case of All India Judges Association – Vs – Union of India reported in (1992) 1 SCC 119. (referred to as All India Judges case – 1). It was followed by a decision in a review petition reported in 1993 (4) SCC 288 (referred to as All India Judges case – 2). Finally, certain directions were issued by Supreme Court in the said case reported in 2002 (4) SCC 247 (referred to as All India Judges case – 3). Pursuant to Supreme Court direction in All India Judges case – 2, Government of India constituted the First National Judicial Pay Commission, known as Shetty Commission, to determine the structure of pay and other emoluments, conditions of service of judicial officers, minimum qualifications, age of recrui































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