Jammu), December-10-2022-( JNF):- The Jammu & Kashmir and Ladakh High Court directed Registrar General of High Court to decide and notify the seniority of Selection Grade District Judges in tune with rules and application of J&K Higher Judicial Service Rules, 2009 and as settled by the Supreme Court.
High Court further directed that the decision for notifying the seniority shall be taken expeditiously, not later than two months and while deciding and finalizing the seniority, the affected parties, if any, shall also be heard.
DB further directed that till such time the seniority is finalized as aforesaid, the grant of super time scale shall defer.
This landmark order has been passed in a petition filed by Tahir Khurshid Raina presently posted as Special Judge Anticorruption Jammu.
In the petition, petitioner seeking quashment of order impugned bearing No. 928/C.S dated 16.10.2018 issued by Registrar General whereby private respondents who are District Judges under promotion quota, have been placed in the Selection Time Scale of J&K Higher Judicial Services w.e.f. 01.12.2017 and 01.08.2018 respectively, in utter violation of J&K Higher Judicial Service Rules, 2009 and settled position of Law laid down by the Supreme Court of India and also seeking direction to the official respondent to consider the case of petitioner for grant of Selection Grade alongwith the cases of other eligible Direct Recruit District Judges in accordance with the provisions of J&K Higher Judicial Service Rules, 2009.
In the petition, petitioner also seeking direction to the official respondent to strictly adhere to the provisions of J&K Higher Judicial Service Rules, 2009 particularly Rule 17 read with Schedule-“B” for the purpose of maintaining inter-se seniority between Direct Recruit and Promotee District Judges and also for grant of Selection Grade in terms of Rule 18 of the Rules of 2009 and also seeking direction to the official respondent to prepare and issue Final Seniority List of District Judges in accordance with Rule 17 of J&K Higher Judicial Service Rules, 2009 and the roster as prescribed in schedule-“B” of the said Rules, so as to command and direct the respondents not to violate quota and rota Rule for purpose of maintaining seniority and conferment of Selection Grade to the Direct Recruit and Promotee District Judges and strictly maintain the roster as prescribed in Schedule-“B” of J&K Higher Judicial Services Rules, 2009 in which respective slots meant for direct recruits and promote District Judges has been prescribed.
A Division Bench of Jammu & Kashmir High Court Comprising Chief Justice Ali Mohammad Magrey (now retired) and Justice Rahul Bharti on December 5, 2022 after hearing both the sides observed that when this matter was taken for consideration and while hearing the appearing counsel for the parties, Sr. Adv Rahul Pant with Advocates Faheem Showkat Bhat and Khalid Bhatti appearing for the petitioner submitted that the seniority of the Judicial Officer of J&K Higher Judicial Service is not being finalized and the Registrar General has not adhered to Schedule-B of the J&K Higher Judicial Service Rules 2009 for the purpose of maintaining inter se seniority between Direct Recruit and Promotee District Judges and for grant of Selection Grade in terms of Rule 18 of the Rules of 2009. He further submitted that the claim of the petitioner can be settled by directing the Registrar General to notify the seniority of the District Judges in tune with the mandate of J&K Higher Judicial Service Rules, 2009 and the law laid by the Supreme Court of India.
Adv Aditya Gupta appearing counsel for Registrar General submitted that Sikender Azam District & Sessions Judge has retired from services, therefore, the dispute so far as the issue of seniority is concerned, is now existing between the petitioner and the Ashok Kumar only.
Sr. Adv KS Johal appearing for the Ashok Kumar District & Sessions Judge submitted that there shall be no difficulty for the Registrar General to settle the seniority and notify the same in the cadre of District Judges in tune with scheme of law and the rules governing the
DB observed that appearing counsel for Respondents 1 and 2 are also not averse to the finalization of seniority of the cadre in terms of the rules and the application of law.
DB on the consensus of the appearing counsel for the parties, took up the writ petition for final disposal and accordingly dispose of the same with direction to the Registrar General to decide and notify the seniority of District Judges in tune with rules and application of J&K Higher Judicial Service Rules, 2009 and as settled by the Supreme Court. The decision for notifying the seniority shall be taken expeditiously, not later than two months from today and while deciding and finalizing the seniority, the affected parties, if any, shall also be heard. Till such time the seniority is finalized as aforesaid, the grant of super time scale shall defer, DB ordered. JNF