Supreme Court sets deadline to hear issues related to career stagnation of judicial officers

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The Supreme Court on Tuesday, October 14, said it will begin hearing from October 28 on important issues related to factors determining seniority in the higher judiciary cadre.

A five-judge Constitution bench headed by Chief Justice BR Gavai said the court will also consider all other issues related to the stagnation in the careers of lower judicial officers across the country, including referral to a larger bench.

The bench, also comprising Justices Surya Kant, Vikram Nath, K Vinod Chandran and Joymalya Bagchi, appointed nodal lawyers from different sides on the issue of career progression of judicial officers and said all written submissions would be filed by October 27.

The five-judge bench passed the order on several petitions, including one filed by the All India Judges Association, on issues related to service conditions, pay scales and career progression of judicial officers.

On October 7, the apex court referred issues related to career stagnation of lower judicial officers across the country to a five-judge Constitution bench.

Earlier, the CJI had said that a comprehensive solution is needed to address the limited promotion opportunities available to those joining entry-level positions in the judiciary.

The top court had said that several high courts and state governments had expressed different views in response to notices issued earlier by the Supreme Court on this issue.

The CJI had said, “Some High Courts have taken the view that due to the prevailing situation, judges who initially join service as Civil Judges, Junior Division, are not in a position to rise to the post of District Judge.”

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The top court had taken note of the “anomalous situation” prevalent in many states, where judicial officers who start their career as Judicial Magistrate First Class (JMFC) often retire without reaching the rank of Principal District Judge (PDJ), leave alone promotion to the bench of the High Court.

However, senior advocate R Basant, representing the opposite view, had argued that such a move would cause undue disadvantage to meritorious candidates seeking direct recruitment as district judges.