Supreme Court handed over a case of stagnation in the career of lower judicial officers to a bench of 5 judges

The Supreme Court on Tuesday handed over issues related to the stagnation in the career of lower judicial officers across the country to the Constitution Bench of five judges.

A bench of Chief Justice BR Gawai and Justice of Justice passed a reference order while hearing a petition filed by the All India Judge Association on issues related to the service conditions, pay scale and career progress of judicial officers.

The CJI said that a comprehensive solution is required to address limited promotion opportunities available to those who join the judiciary on entry level posts.

The bench said that different views were expressed by many High Courts and State Governments in response to the notices issued by the Supreme Court earlier on this issue.

The CJI said, “Some High Courts have considered that due to the current situation, the judges who initially come under service as a civil judge, junior division are not in a position to reach the post of District Judge.”

The bench focused on the “odd situation” prevalent in many states, where judicial officers who start their career as Judicial Magistrates First (JMFC), often retires without reaching the post of Principal District Judge (PDJ) without retirement, promotion in the High Court bench is far away.

However, senior advocate R Basant, who represented the opposite approach, opposed the proposal, arguing that such a step would cause unfair loss to meritorious candidates interested in direct recruitment as district judges.

During the hearing, the CJI accepted the concerns raised by both sides but emphasized the need to create a proper balance.

The CJI said, “A young judicial officer who enters the service at the age of 25 or 26 and retires as an additional district judge will naturally feel some kind of jealousy.”

He said, “There is a need for some kind of balance, the way of any kind, so that the efficiency of justice administration can increase.”

The bench said, “In any case, to eliminate the entire controversy and provide a permanent solution, we think the issue should be considered by a five -judge constitution bench.” The CJI said that the final concern is to ensure the efficiency of the administration.

He recalled a story shared by Justice Sundresh about his law clerk, who had joined the judicial service, but resigned two years later, as promotion opportunities were limited.