STATE OF KARNATAKA Vs. T.NAGAPPA

JUDGEMENT

(1.) THESE writ appeals are filed by the State and the High Court, through the Registrar General, assailing the separate judgments dated 03/01/2012, passed by the learned Single Judge in the writ petitions filed by each of the respondents herein.

(2.) SINCE the issues raised in these writ petitions are similar, these appeals have been heard together and are disposed of by this common judgment.

(3.) PRIOR to the issuance of the impugned Notification dated 23/06/2009, permitting the compulsory retirement of the fifteen Officers, the High Court had constituted a Screening Committee by issuance of Notification dated 28/09/2005 as per the recommendation of the 1st National Judicial Pay Commission accepted by the Hon'ble Supreme Court in the case of All India Judges Assn. v. Union of India (2002 (4) SCC 247) to review the performance of officers prior to their attaining 58 years of age in order to determine as to whether they could continue upto 60 years. The said Committee was also entrusted to review the performance and confidential records of all the Judicial Officers in the cadre of District Judges, Civil Judges (Sr.Dn.) and Civil Judges (Jr.Dn.) on their attaining the age of 50 years or 55 years as the case may be to decide upon the desirability, utility and suitability, to continue them in service or for retiring them from service in public interest, in terms of sub -rule (4) of Rule 285 of the KCSR. The said Committee met on 17/4/2009 and considered the suitability of all the Judicial Officers who had completed 50 or 55 years of age as the case may be and submitted its Report recommending compulsory retirement of fifteen Judicial Officers under Sub -rule (4) of Rule 285 of KCSR. Thereafter, the Full Court met on 25/4/2009 and accepted the Report of the said Committee and a Resolution to that effect was passed. Thereafter, the impugned Notification dated 23/06/2009 was issued ordering retirement of the fifteen Judicial Officers.