AJIT D PADIVAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is filed by Mr. A. D. Padival an Advocate practicing in this Court praying that appropriate writ may be issued directing the respondents to appoint sufficient number of Judges in this Court. The present strength of Judges in this Court is 17 including the Honble Chief Justice. 18 posts of permanent Judges have been sanctioned for this Court and out of them only 17 posts are filled up. Three posts of Additional Judges have been sanctioned hut they are rot still filled up. Out of 21 sanctioned posts only 17 posts are filled up and that way this Court is short of four Judges even as per the sanctioned strength. Two Honble Judges of this Court are retiring-one in the month of July this year and another in the month of October also this year. If no appointment is made by that time then the strength of the Judges in this Court will be reduced to 15 by the month of October 1988 Out of 17 Judges one Honble Judge is appointed as a Member of the Finance Commission and therefore the said Honble Judge is hardly available for any judicial work in this Court. Three other Honble Judges are Chairman of different Boards and they are also not available for full-time work in this Court. One Honble Judge is also appointed as Member of one Board and he is also not available for full-time. This is the state of situation so far as the position of Judge-strength is concerned.

(2.) The Government of India has agreed in principle to create five posts of permanent Judges and four posts of Additional Judges looking to the huge arrears of cases pending in this Court. As on 1-3-1988 the position of pending file is as follows:

(3.) So far as Criminal Matters are concerned Criminal Appeals which are more than three years old are pending in this Honble Court. In many of these appeals the appellants are in custody. The appeals could not be taken up for hearing and disposed of in time inspite of the best efforts made by the present Judges to dispose of the same.