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| DB issues notice in petition filed by Direct Recruit District Judge | | | Early Times Report
JAMMU, Nov 3: A division bench of High Court comprising of Justice Dhiraj Singh Thakur and Justice Sindu Sharma passed a very significant order today in a writ petition filed by Direct Recruit District Judge Tahir Khurshid Raina. After hearing the counsels for petitioner the Division Bench issued Notice to High Court and private respondents who are promotee district judges and granted them four weeks for filing objections. The Division Bench directed High Court to decide the representation of petitioner within a period of two months and fixed the next date of hearing on10.12.2018. The writ petition is filed by the Direct Recruit District Judge who was selected to the said post under direct recruitment quota for which the process was initiated in the year 2011 and notification was issued on 01.08.2011. As an interim measure the Government on the recommendations of High Court vide order dated 29.08.2011 appointed 15 Sub Judges purely on Adhoc basis for a period of six months or till the post is being filled up by regular process of selection whichever is earlier with a rider that the Adhoc promotions are subject to superior right of advocates against post in the lawyers quota for which the process has been initiated. The said Adhoc arrangement was thus valid only upto 29.02.2012 and the said arrangement was never extended thereafter. However the High Court vide Order No. 66 dated 24.04.2015 regularized the Adhoc promotions of 15 Sub Judges retrospectively w.e.f the date they were placed Incharge against the said post and further four more Sub Judges were promoted w.e.f. 06.12.2013. Thus total 19 Sub Judges were promoted retrospectively. The petitioner submitted a representation dated 26.02.2018 to the High Court whereby it was prayed that Seniority in the cadre of District Judges may be fixed in terms of Rule 17 of J&K Higher Judicial Service Rules 2009 read with Schedule-"B"and in the light of Supreme Court Judgments on the issue in hand regarding inter-se seniority between Direct Recruits vis-a-vis promotee District Judges but without deciding the representation an Order dated 16.10.2018 came to be issued by the High Court whereby the Promotee District Judges who are Junior to petitioner were granted Selection Time Scale of the Higher Judicial Service without deciding the representation of petitioner. |
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