V KSRIVASTAVA Vs. GOVT OF U P

JUDGEMENT

(1.) Learned senior counsel for the petitioners seeks permission to withdraw the writ petition. Permission sought for is granted. The writ petition is dismissed as withdrawn without prejudice to the rights of the petitioners to seek other appropriate remedies with regard to their seniority.

(2.) In All India Judges' Association& Ors. Vs. Union of India & Ors., (2002) 4 SCC p.247, this Court has directed that promotion to the cadre of Higher Judicial Service should be streamlined based on the recommendations of Justice Shetty Commission. Prior to the directions given by this Court for filling up the vacancies in the cadre of Higher Judicial Service there were only two sources i.e. one by promotion from the cadre of Civil Judge (Senior Division) i.e. the members of the Subordinate Judicial Service and the other by direct recruitment as per Article 233 of the Constitution of India from the members of the Bar. This Court felt that the members of the subordinate judiciary should also be given a fast track promotion and those who are more meritorious in service should be given an opportunity to compete for the posts of higher judicial services apart from the ordinary channel of promotion on seniority. To give opportunity to the subordinate judicial officers from getting early promotion to the Higher Judicial Service, this Court has directed that 25% of the vacancies of Higher Judicial Service shall be filled up by a competitive examination and the Civil Judge (Senior Division) who are in the feeder category shall be given an opportunity to get such promotions. Keeping in view, the following direction was given by this Court :

(3.) This Court has stated that the quota for promotion to the Higher Judicial Service is 50 per cent from amongst the Civil Judges (Senior Division) on the basis of principle of merit-cum-seniority and 25 per cent strictly on the basis of merit through limited competitive examination and 25 per cent by direct recruitment.