HERAMBA CHANDRA DANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition has been filed challenging the appointment of opposite party Nos.4 to 12 as Ad hoc Additional District Judge in Fast Track Courts.

(2.) THE brief facts of the case are the Eleventh Finance Commission allocated Rs.502.90 crores under Article 275 of the Constitution of India for the purpose of setting up of 1734 Courts in various States in India to deal with long pending cases particularly, Sessions Cases. As allocation of funds was made by the Finance Commission stipulating time -bound utilization, i.e. within a period of five years, various State Governments were required to take necessary steps to establish the aforesaid Courts in their respective States. It appears that the Finance Commission suggested that the States may consider re -employment of the retired Judges for a limited period for disposal of pending cases. Challenge was made to the Scheme known as the "Fast Track Court in different High Courts" primarily on the ground that there was no constitutional sanction for reemployment of retired Judges and effective guidelines were not in operation. Infrastructural facilities to make the scheme functional were not available. A plea was also raised therein that instead of retired judicial officers, eligible members of the bar should be considered for appointment.

(3.) THEREAFTER the Governor of Orissa after consultation with the High Court of Orissa made the Orissa Judicial Service (Special Scheme) Rules, 2001 which came into force on the date of its publication in the Orissa Gazette, i.e. 7.4.2001. Later on some amendments were made to the said Rules by "the Orissa Judicial Service (Special Scheme) (Amendment) Rules, 2003 which was deemed to have come into force with effect from 22nd February, 2003. The relevant part of the Rules, 2001 as amended for the purpose of this case is reproduced hereunder: