TELANGANA JUDGES ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The bifurcation of lower judiciary by State wise strength of combined State of Andhra Pradesh, consequent to the Andhra Pradesh Reorgnisation Act, 2014 is the issue which has arisen in these two cases which have been heard together and are being decided by this common judgment.

(3.) The writ petition has been filed by the Telangana Judges Association, a registered forum, formed to protect the interest of the Judicial Officers of State of Telangana. The petitioner has challenged the recruitment process initiated by the High court of the Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh (hereinafter referred to as 'the High Court') for filling up the post of Civil Judge (Junior Division). The petitioner's case is that consequent to the Andhra Pradesh Reorganisation Act, 2014(hereinafter referred to as 'Act, 2014') with effect from 02.06.2014 a new State has been formed, namely, State of Telangana without permitting the option envisaged in Section 77(2) of the Act, 2014 and without bifurcation of subordinate judiciary the recruitment process has been initiated which is not in accordance with law. Petitioner's case is that from the establishment of the High Court of Andhra Pradesh in the year 1956, there has been inadequate representation of Telangana Judges in the cadres of Junior Civil Judges, Senior Civil Judges, District Judges and even Judges of the High Court. The impugned notification issued by respondent No.2 without constituting Telangana State Judicial Service and without preparing State wise cadre strength of respective States would affect the seniority as well as promotion of the Telangana State Judicial Officers whose strength is at present 25% only in comparison with Andhra Pradesh State Judicial Officers.