P S GOPINATHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was directly recruited to the post of Munsiff and was later promoted to the post of Subordinate Judge. Thereafter, the appellant was promoted to the Kerala State Higher Judicial Service, whereas the respondents 3 to 5 were directly recruited to the Higher Judicial Service.

(3.) The subordinate judiciary in the State of Kerala consisting of District Judges, Chief Judicial Magistrates, Subordinate Judges, Munsiffs, Judicial Magistrates of the First Class, Judicial Magistrates of the Second Class, was functioning in the matter of appointment and promotions as two separate wings, (1) consisting of the Kerala State Higher Judicial Service and the Kerala Civil Judicial Service and (2) the Kerala Criminal Judicial Service. The Higher Judicial Service consisted of District Judges. The Kerala Civil Judicial Service consisted of Subordinate Judges and Munsiffs, whereas the Kerala Criminal Judicial Service consisted of Chief Judicial Magistrates, Judicial Magistrates of the First Class and Judicial Magistrates of the Second Class. The Civil Judicial Service and the Criminal Judicial Service came into being as a result of the orders issued under G.O.(Ms) 24/73/Home dated 12.2.1973 and with that the subordinate judiciary was also bifurcated for the first time into Civil Wing and Criminal Wing. The Higher Judicial Service all along constituted one separate Service to which after the implementation of the G.O. dated 12.2.1973, only the Civil Judicial Service Officers are eligible to be considered. Thus, there was subordinate Civil Judicial Service and the Criminal Judicial Service. Promotion to the Higher Judicial Service was available from the Kerala Civil Judicial Service only.