Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO(S).49 OF 2022
C. YAMINI & OTHERS ….PETITIONER(S)
VERSUS
THE HIGH COURT FOR THE
STATE OF ANDHRA PRADESH
AT AMRAVATHI & ANR. ...RESPONDENT(S)
O R D E R
1. The petitioners are members of the Andhra Pradesh State
Judicial Service who have approached this Court under Article 32 of
the Constitution with the following reliefs:
(a) Issue appropriate writ or order or direction to the
respondent no. 1 to call for the judgments of the petitioners
for the elevation of judgeship to the High Court as judicial
officer as defined in Art. 217(2)(a) of the Constitution of
India; and
(b) Issue or pass any writ, direction or order, which this
Hon’ble Court may deem fit and proper under the facts and
circumstances of the case. Issue or pass any writ, direction
or order, which this Hon’ble Court may deem fit and proper
under the facts and circumstances of the case.”
Signature Not Verified
Digitally signed by
Ashwani Kumar
Date: 2023.02.23
16:52:19 IST
Reason:
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2. It reveals from the counteraffidavit filed by the respondents
that the petitioners were appointed in the cadre of District &
Sessions Judge on Adhoc basis to preside over the Fast Track
Courts under the Andhra Pradesh State Higher Judicial Service
Special Rules for Adhoc Appointments, 2001 (hereinafter referred to
th
as the “Rules, 2001”) by order dated 6 October, 2003 and in sequel
thereof, were appointed on regular basis in the cadre of District &
Sessions Judge under the Andhra Pradesh State Judicial Service
Rules, 2007(hereinafter being referred to as the “Rules 2007”) after
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going through the process of selection, by Order dated 2 July,
2013 and there is no break in service of either of the petitioners in
the judicial service rendered by them in the cadre of District &
Sessions Judge.
3. The seniority list of Officers working in respect of District &
Sessions Judge cadre in terms of Rule 13 of the Rules, 2007 came
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to be notified by the respondents on 5 January, 2022 and the
names of the present petitioners find place at serial nos.20, 21, 22
and 23 respectively. At the same time, those officers who were
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junior to them in seniority in the District & Sessions Judge cadre
were placed at serial nos.24, 28, 29, 31 and 34, while overlooking
the claim of the petitioners, these officers have been elevated to the
Bench of the High Court of Andhra Pradesh.
4. The grievance of the petitioners is that the service which they
have rendered as a District & Sessions Judge Fast Track on being
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appointed from 6 October 2003 has not been considered as a
judicial service for the purposes of their elevation to the Bench of
the High Court as defined under Article 217(2)(a) of the
Constitution.
5. Extract of the seniority list of District & Sessions Judge is
reproduced hereunder:
SENIORITY LIST IN RESPECT OF
DISTRICT AND SESSIONS JUDGES
| S. No. | NAME OF OFFICER<br>SARVASRI |
|---|---|
| 119 | XXX XXX XXX |
| 20. | KUM. C. YAMINI |
| 21. | Y.V.S.B.G. PARDHA SARADHI |
| 22. | N. SOLOMON RAJU |
| 23. | SMT. A. BHARATHI |
| 24. | B. SYAM SUNDER |
| 2527 | XXX XXX XXX |
| 28. | V. SRINIVAS |
| 29. | B.V.L.N. CHAKRAVARTHY |
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| 30. | XXX XXX XXX |
|---|---|
| 31. | D. VENKATA RAMANA |
| 3233 | XXX XXX XXX |
| 34. | V. GOPALAKRISHNA RAO |
| 35100 | XXX XXX XXX |
6. It has been averred that there were 9 vacancies in the High
Court for elevation from judicial service and the Registry put the list
of 27 eligible officers falling in the zone of consideration in the ratio
of 1:3, in order of seniority, who have regular judicial service of
minimum 10 years as Judge, which is the requirement of Article
217(2)(a) of the Constitution, were placed before the collegium,
which resulted in a situation that the names of officers at serial
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nos.20 to 23, 25 and 26 of the seniority list dated 5 January, 2022
were not considered, as according to the respondents, they have not
completed 10 years of regular judicial service and the names of
District & Sessions Judges at serial nos.1, 3, 4, 5, 24 and 27 to 48
were considered for elevation as each of them had completed 10
years of judicial service at the relevant point of time.
7. The question which has been raised in the instant petition at
the instance of the present petitioners has been examined by this
Court in Vs.
Kum C. Yamini The State of Andhra Pradesh &
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th
Anr. (Civil Appeal No. 6296 of 2019 decided on 14 August, 2019)
wherein the threeJudge Bench of this Court, after examining their
nature of appointment as a District & Sessions Judge Fast Track on
adhoc basis under the Rules, 2001 and later appointed by Order
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dated 2 July, 2013 on regular basis and becoming members of the
Rules, 2007 held that the petitioners are not entitled to claim
benefit of seniority from the date of their initial appointment as
District & Sessions Judge Fast Track and other consequential
reliefs prayed for. At the same time, limited benefit of service
rendered as Fast Track Court Judges was granted to them only for
the purpose of pensionary and other retiral benefits. The relevant
part is as under:
“14.…..The claim of seniority will depend upon several
factors, nature of appointment, rules as per which the
appointments are made and when appointments are made,
were such appointments to the cadre posts or not etc. When
the appellants were not appointed to any regular posts in the
A.P. Judicial Service, appellants cannot claim seniority
based on their ad hoc appointments to preside over Fast
Track Courts. We are of the view that the ratio decided in
the said judgments relied on by the appellants would not
render any assistance in support of their case.”
“17. We have perused the aforesaid judgment and we are in
agreement with the view taken by a two Judge Bench of this
Court. Resultantly, while rejecting their claim for grant of
seniority from the date of their initial appointment as Fast
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Track Court District Judges and other reliefs, we direct that
the appellants and all others who are similarly placed are to
be given benefit of counting their service rendered as Fast
Track Judges, for the purpose of pensionary and other retiral
benefits.”
8. Since the services rendered by the petitioners as Fast Track
Court Judges have not been recognized by this Court for the
purpose of seniority except for pensionary and other retiral benefits,
the plea raised by the petitioners to consider their service rendered
as Fast Track Court Judges as a judicial service for the purpose of
Article 217(2)(a) of the Constitution, in light of the judgment of this
Court what being prayed for, is not legally sustainable.
9. Consequently, the writ petition is without substance and is
accordingly, dismissed.
10. Pending application(s), if any, shall stand disposed of.
……………………….J.
(AJAY RASTOGI)
……………………….J.
(BELA M. TRIVEDI)
NEW DELHI;
FEBRUARY 23, 2023.
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