(1.) Both these Writ Petitions are founded on identical facts and raise common questions of law. They were, therefore, heard together and are being disposed of by this common judgment.
(2.) The petitioners have prayed for direction to the respondent Himachal Pradesh High Court to create cadre of Civil Judge (Senior Division) with effect from 1/7/1996 in accordance with directions of the Supreme Court in All India Judges Association vs. Union of India and Others, (2002) 4 SCC 247, and order of the Supreme Court dtd. 24/8/2016 passed in I.A. No. 334/2014 in W.P.(C) No. 1022/1989 and grant them all consequential benefits. Further prayer is made that the respondents be directed to follow the post based roster system with effect from 31/3/2003 in conformity with the report of its two-Judge-committee and declare the petitioners senior to the respondents No. 3 and 4 and grant all consequential benefits to them including one for consideration for elevation as Judges of this Court. Further prayer is made that seniority list circulated with effect from 1/1/2005, particularly seniority list dtd. 18/1/2018, showing petitioners junior to respondents No. 3 and 4, be quashed and set aside.
(3.) Petitioner S.C. Kainthla in CWP No. 2061/2018 was appointed as Sub Judge on 1/2/1984. He was promoted to the cadre of District and Sessions Judge on 26/12/2006. He has upon attaining the age of superannuation retired as District and Sessions Judge on 31/12/2019. Petitioner Rajeev Bhardwaj in CWP No. 2292/2018 was also appointed as Sub Judge on 1/2/1988. He was promoted to the cadre of District and Sessions Judge on 27/10/2009 against Limited Competitive Examination (LCE) quota of 25% after he qualified such examination. Initial appointment of both the petitioners was made under the Himachal Pradesh Higher Judicial Service Rules, 1973 (for short, 'Rules of 1973'), in which ratio of promotees and direct recruits to the Higher Judicial Service was 2:1. Respondent No. 3 Sushil Kukreja was appointed to the cadre of District and Sessions Judge as a direct recruit on 18/5/2004, respondent No.4 Virender Singh was appointed to the cadre of District and Sessions Judge by way of direct recruitment on 7/12/2006. Respondent No. 5 Chirag Bhanu Singh was appointed to the cadre of District and Sessions Judge by direct recruitment on 17/9/2006, whereas respondent No. 6 Arvind Malhotra was in the same way appointed to the cadre of District and Sessions Judge by way of direct recruitment on 23/10/2009.
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