ALL INDIA JUDGES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Justice Shetty Commission had suggested several recommendations to improve working of judicial service in various States. In the recommendations made by the Shetty Commission it was suggested that there should be rationalization of cadre structure and base structure and also recommended that there should be Assured Carrier Promotion of Civil Judges (Sr. Divn.) and Civil Judges (Jr. Divn.). The Commission also recommended that not exceeding 25% of the cadre posts of District Judges should be reserved for direct recruitment. Various other recommendations have also been made by the Commission.

(2.) The matter had come up before this Court on the judicial side to consider the recommendations. After due considerations most of the recommendations of Shetty Commission have been accepted by this Court. In All India Judges Association and Ors. v. Union of India and Ors., 2002 4 SCC 247, this Court accepted the recommendations and gave approval to these recommendations. But certain changes have also been made by this Court while accepting these recommendations. In paragraph 27 of the above mentioned judgment this Court stated:

(3.) After this Judgment, High Courts have amended Service Rules and 25% posts of District Judges are being filled up by the Limited Departmental (Competitive Examination. But many High Courts found it difficult to fill up 25 percent through such process. In some of the States as many as 50 posts of District Judges, to be filled up by the said exercise, remained vacant and there is no alternative method provided by which, these vacant posts could be filled up. Some of the States, for example, in the States of Bihar. U.P. and Kerala, there are adequate Rules to the effect so that unfilled posts could be filled up by regular promotion. But in many States, there are no such Rules to fill up these vacancies. Most of the States are in favour of reducing the percentage from 25 percent of Limited Departmental Competitive Examination, but many of the States, for example. States of Gujarat, Delhi, M.R. J and K and H.R maintained that this 25 percent should be continued but they are also of the view, in case there are vacant posts then it be filled up by regular promotion. For the time being, in many of the Stales, these unfilled vacancies are filled up by ad-hoc promotions or temporary promotions. This certainly creates difficulty in service as later on when regular candidates will be available for promotion, the ad-hoc/ temporary District Judges are likely to be reverted as Civil Judge (Sr. Divn.), which is not desirable for a Judicial Service.