UTTAM KUMAR SHAW Vs. PARTHA SARATHI SEN

JUDGEMENT

(1.) Heard Mr. Jayanth Nath, learned senior counsel for the appellant. Neither the counsel for the High Court nor that of the contesting respondents would want to make their submissions. While the counsel for the High Court submitted that any decision of this Court would be duly implemented, it is the say of the counsel for the contesting respondents that they have no desire to pursue the matter further. Counsel for the State have stated that appropriate orders may be passed based on the position it has taken.

(2.) The appellant joined the Judicial Service in 1989 as a Civil Judge, Junior Division. With the approval of the Full Court, he was deemed suitable for empanelment in the rank of West Bengal Higher Judicial Services. Accordingly, a communication was sent by the High Court to the Principal Secretary to the Government of West Bengal and by the proceeding dtd. 24/12/2003. The relevant part of the aforesaid is appositely reproduced herein:

(3.) New rules in the form of the West Bengal Judicial (Conditions of Service) Rules, 2004 came into effect from 1/10/2004. Under these rules, three modes of recruitment and appointment with the appropriate percentage were prescribed, and seniority shall be fixed with respect to the 40-Point Roster System against the vacancies that arise. The purpose of these regulations was to fill all vacancies in the District Judge cadre as they occur.