M L JOSEPH FRANCIS Vs. THOMAS P JOSEPH

JUDGEMENT

(1.) These nine Writ Appeals arise out of the common Judgment of the learned Single Judge dated 20.12.2006, in Writ Petition (C) Nos.17897, 18004 and 18608 of 2006. Three of the Appeals have been filed by the High Court and the remaining, by the two affected party respondents in the Writ Petitions. The promotions granted to those party respondents from the post of Selection Grade District Judge to the Super Time Scale with retrospective effect, were challenged by three of their juniors in the cadre of Selection Grade District Judge, but who were promoted to the super time scale, earlier. The learned Single Judge treated Writ Petition (C) No. 17897/06 as the main case. So, for convenience, we are treating WA No. 715/07, which is one of the three Writ Appeals filed against the Judgment in the said Writ Petition, as the main case for the purpose of referring to the exhibits.

(2.) The appellant in WA No. 715/07 is the third respondent and the first respondent is the petitioner in Writ Petition (C) No. 17897/06. The appellant and respondents 1 and 3 in this Writ Appeal were Selection Grade District Judges. The third respondent and the appellant were seniors in the said cadre, when compared to the 1st respondent. The post of Selection Grade District and Sessions Judge is one, borne on the Kerala State Higher Judicial Service. The said service consists of two categories, namely, District and Sessions Judge, including Additional District and Sessions Judge, forming Category (2) and Selection Grade District and Sessions Judge, forming Category (1). The method of appointment to the post of Selection Grade District and Sessions Judge is by promotion from Category (2), made on the basis of merit and ability. Seniority is considered only where merit and ability are approximately equal.

(3.) The Shetty Commission, appointed to make suggestions for improvement of the service conditions of the Judicial Officers, suggested creation of a Super-time Scale for granting further promotion to Selection Grade District and Sessions Judges. The Kerala Government, accepting the suggestions made by the Shetty Commission, issued GO (MS) No. 231/2001/Home dated 12.12.2001, providing inter alia, for creation of Super-time Scale posts. As per the said GO, 10% of the Selection Grade District Judges, who have put in not less than three years' service in the selection grade, will be allowed the super time scale. The promotion is to be made, based on merit-cum-seniority basis. It means, merit will be the guiding factor and seniority will be considered, when merit is more or less equal. The said GO is produced as Ext.P2 in the Writ Petition. Based on that GO, by Ext.P3 order of the High Court dated 01.09.2004, seven posts were created as Super Time Scale posts and Officers were promoted to the vacancies that arose in those seven posts, from time to time, from 01.01.1996. By the said order, the third respondent was superseded by five of his juniors from Sri. M.N. Krishnan to Sri. K. Chenthamarakshan, who were promoted to the Super-time Scale, between 30.04.2003 and 01.06.2004. Later, by Ext.P4 order dated 02.11.2004, the first respondent/petitioner, along with other petitioners in the connected two Writ Petitions, was promoted to the Super Time Scale with effect from 13.10.2004, 14.10.2004 and 28.10.2004 respectively. The case of the appellant and the third respondent herein, was also considered for placement in the Super Time Scale, but their case was deferred to be considered on a later date.