GOA JUDICIAL OFFICERS ASSOCIATION Vs. STATE OF GOA

JUDGEMENT

(1.) RULE. By consent rule is made returnable forthwith.

(2.) THE petitioner is an association of Judicial Officers working in the subordinate courts in Goa. In this writ petition the petitioner challenges the validity of the Goa Civil Service (Judicial Branch) Rules, 1992, particularly Rule 17 (b) and Rule 18 (2) thereto. The said rules are hereinafter called the "1992 Rules". The attack on the rules is on two counts. Firstly, the rules under challenge are arbitrary and violative of Articles 14 and 16 of the Constitution of India inasmuch as they take away the chances of promotion of the members of the petitioners Association. Secondly, the rules under challenge have been framed in violation of the mandates contained in Article 234 of the Constitution of India as they are framed without the consultation of the Public Service Commission and of the High Court.

(3.) IN the State of Goa "the Goa, Daman and Diu Civil Services (Judicial Branch) Rules, 1973" were in force and under those Rules the Civil Service (Judicial Branch) was constituted consisting of three grades, namely (1) Selection Grade; (2) Grade I; and (3) (a) Grade II (Senior) and (b) Grade II (Junior ). As per these rules the posts of Grade II (Junior) were recruited directly and Grade II (Senior) would be filled up by promotion from Grade II (Junior ). So also Grade I would be filled up by promotion from Grade II (Senior) and/or Grade II (Junior) and the Selection Grade was filled in by promotion from among the members of the Judicial Service in Grade I. These Rules of 1973 were substituted by another set of Rules of 1983 with effect from 27th September, 1985 known as the "goa, Daman and Diu Civil Services (Judicial Branch) Rules, 1983" under which the service consisted the following grades: