ANIL KUMAR VITTHAL SHETE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Interlocutory Application No. 126 of 2003 is filed in Writ Petition (Civil) No. 1022 of 1989 by the Judges of the Small Causes Court, Bombay for declaration that the action of the Shetty Commission of referring the case of the petitioners to the High Court of Bombay is illegal and improper; to call for records and proceedings of the Full Court of the High Court of Bombay and to set aside the decision taken by the Full Court by directing the High Court to place the petitioners in the same cadre in which Additional Chief Judges of the Court of Small Causes have been proposed to be placed by the Shetty Commission in Category 1.

(2.) It is the case of the petitioners that they belong to a cadre of Judges of Small Causes Court, Bombay which is an independent, separate and distinct cadre filled up by promotion from Civil Judges (Senior Division) and also by direct recruitment. Their cases were considered by the Administrative Side of the High Court of Bombay and a decision was taken by the Full Court to place them in Category 2 of the judicial hierarchy in the State of Maharashtra. The three categories created in the State of Maharashtra are as under:

(3.) The grievance of the petitioners is that, though they were holding higher post and forming higher cadre than Civil Judges (Senior Division) and were promoted from the post of Civil Judges (Senior Division) to the post of Judges, Small Causes Court, they have been illegally put on par with Civil Judges (Senior Division) virtually reverting to the position of Civil Judges (Senior Division) from which cadre they were promoted to the higher cadre.