NARESH KUMAR Vs. U.T. ADMINISTRATION CHD

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of order dtd. 19/11/2003 whereby official respondents have appointed respondent No.5 on the post of Physical Training Instructor.

(2.) The petitioner is assailing appointment of respondent No.5. The appointment was made in 2002-03. A period of more than two decades has passed.

(3.) A five Judge bench of Supreme Court in "Sivanandan C.T. and others vs. High Court of Kerala and others", 2023 SCC OnLine SC 994 though held that appointment of Judicial Officer by Kerala High Court was bad in law, however, did not disturb appointment on the ground that already appointed officers have already served for nearly six years and gained experience. It would deprive the State and its citizens of the benefit of experienced judicial officers. The relevant extracts of the judgment read as: