ALL INDIA JUDGES ASSOCN Vs. UNION OF INDIA

JUDGEMENT

(1.) The applicants are the judicial officers in the cadre of Higher Judicial Service and posted as Additional Chief Metropolitan Magistrates in the city of Mumbai. The applicants are aggrieved only against para 31 of the decision rendered by this Court in the case of All India Judges' Assn. V/s. Union of India. Para 31 of the said decision runs as under:

(2.) The applicants contend that by virtue of the aforesaid decision, they would be reverted from the present posts which they are holding.

(3.) We have heard learned Senior Counsel for the applicants and do not find any merit in the contention. What this Court has held in para 31 is that the post of the Chief Metropolitan Magistrate and Chief Judicial Magistrate are to be filled in from amongst the Civil Judges (Senior Division) and not by the officers working in the Higher Judicial Service. The question of the applicants' reversion does not arise at all. By the aforesaid judgment, the applicants who are working in the Higher Judicial Service are not going to be reverted to the post of Civil Judge (Senior Division). The applicants shall continue to be the members of the Higher Judicial Service.