GYAN PRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, who has been promoted to the Delhi Higher Judicial Service, has filed this writ petition and has prayed for two reliefs. The first relief is that the post of Senior Subordinate Judge which is at present in the Delhi Judicial Service should be upgraded and placed in the Delhi Higher Judicial Service in the higher grade. The second relief prayed for is that the petitioner had, prior to his promotion, been discharging the functions of a Senior Subordinate Judge and he was deemed to be a District Judge and, therefore, during that time when he was discharging the said functions, he was entitled to the pay in the scale of pay applicable to the Additional District Judge.

(2.) Briefly stated the facts are that in the Union Terriory of Delhi two sets of Rules are in force since 1970 in relation to the Subordinate judiciary. Delhi Judicial Service Rules, 1970, as framed, related to the posts of Subordinate Judge, Additional Chief Metropolitan Magistrate, Chief Metropolitan Magistrate, Judge, Small Cause Court and Senior Subordinate Judge. The posts in the cadre of Delhi Higher Judicial Service were those of the Additional District & Sessions Judge and the District & Sessions Judge.

(3.) It appears that the High Court of Delhi on 7th September, 1976 wrote to the Secretary (Law and Judicial), Delhi Administration to the effect that the posts of Senior Sub-Judge, Chief Metropolitan Magistrate and Judge, Small Cause Court, Delhi should be included in the Delhi Higher Judicial Service cadre. It was explained in this letter that the post of the Senior Subordinate Judge was of special significance in Delhi and the incumbent was the senior most member of the Delhi Judicial Service. It was further stated in this letter that under Section 34 of the Punjab Courts Act, 1918 he was a person appointed to receive complaints and assign the same to the Subordinate Judges. He was also required to do other administrative work. Another important aspect which was pointed out was that appeals lay to the District Court from the decrees or orders passed by any Subordinate Judge but by virtue of provisions of Section 39(3) of the Punjab Courts Act the Senior Subordinate Judge could hear appeals of a particular value and his Court was deemed to be a District Court for the purpose of such appeals.