(1.) The instant Interlocutory Application seeks to revisit the principles governing the determination of seniority within the cadre of Higher Judicial Services (HJS) of all the States. This controversy is neither novel nor transient; rather, it represents a recurring dilemma that has, from time to time, engaged the attention of this Court.
(2.) To briefly outline the factual context herein, the HJS, across the country, is comprised of officers recruited through three sources: (i) Regular Promotees (RP); (ii) those promoted through the Limited Departmental Competitive Examinations (LDCE); and (iii) Direct Recruits (DR). These three sources for recruitment and appointment to the position of District Judge were crystallised through various directions issued in the successive All India Judges Association (AIJA) proceedings. It is amongst these three sources that the dispute of inter se seniority has arisen.
(3.) Over the course of many decades, divergent approaches have been adopted in an endeavour to reconcile competing claims between different streams of appointment, reflecting this Court's continued attempt to bring coherence and uniformity to this enduring issue.
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