DB defers grant of super-time scale to Selection Grade District Judges till finalization of seniority
STATE TIMES NEWS
JAMMU: Jammu & Kashmir and Ladakh High Court directed Registrar General of High Court to decide and notify seniority of Selection Grade District Judges in tune with rules and application of J&K Higher Judicial Service Rules, 2009 and as settled by the Supreme Court. High Court further directed that the decision for notifying seniority shall be taken expeditiously, not later than two months and while deciding and finalizing the seniority, the affected parties, if any, shall also be heard. DB further directed that till the seniority is finalized, the grant of super time scale shall defer.
This landmark order has been passed in a petition filed by Tahir Khurshid Raina presently posted as Special Judge Anti-Corruption Jammu.
In the petition, petitioner seeking quashment of order impugned bearing No. 928/C.S dated 16.10.2018 issued by Registrar General whereby private respondents, who are District Judges under promotion quota, have been placed in the Selection Time Scale of J&K Higher Judicial Services w.e.f., 01.12.2017 and 01.08.2018 respectively, in utter violation of J&K Higher Judicial Service Rules, 2009 and settled position of Law laid down by Supreme Court of India besides seeking direction to the official respondent to consider case of petitioner for grant of Selection Grade.
Division Bench of Jammu & Kashmir High Court Comprising Chief Justice Ali Mohammad Magrey (now retired) and Justice Rahul Bharti on December 5, 2022 after hearing both the sides observed that when this matter was taken for consideration and while hearing the appearing counsel for the parties, Sr. Adv Rahul Pant with Advocates Faheem Showkat Bhat and Khalid Bhatti appearing for the petitioner submitted that seniority of the Judicial Officer of J&K Higher Judicial Service is not being finalized and Registrar General has not adhered to Schedule-B of the J&K Higher Judicial Service Rules 2009 for the purpose of maintaining inter se seniority between Direct Recruit and Promotee District Judges and for grant of Selection Grade in terms of Rule 18 of the Rules of 2009. He further submitted that the claim of the petitioner can be settled by directing the Registrar General to notify the seniority of the District Judges in tune with the mandate of J&K Higher Judicial Service Rules, 2009 and the law laid by the Supreme Court of India.
Adv Aditya Gupta appearing counsel for Registrar General submitted that Sikender Azam District & Sessions Judge has retired from services, therefore, the dispute so far as issue of seniority is concerned, is now existing between petitioner and one Ashok Kumar only. Sr Adv K S Johal appearing for Ashok Kumar, District & Sessions Judge submitted that there shall be no difficulty for the Registrar General to settle the seniority and notify the same in the cadre of District Judges in tune with scheme of law and the rules governing the
DB observed that appearing counsel for Respondents 1 and 2 are also not averse to the finalization of seniority of the cadre in terms of the rules and the application of law. DB on the consensus of the appearing counsel for the parties, took up the writ petition for final disposal and accordingly dispose of the same with direction to the Registrar General to decide and notify the seniority of District Judges in tune with rules and application of J&K Higher Judicial Service Rules, 2009 and as settled by the Supreme Court expeditiously, not later than two months besides deferring grant of super-time scale.
