Blitz Bureau
NEW DELHI: THE Supreme Court on October 7 referred to a Constitution Bench the issues relating to the career stagnation faced by young judicial officers, who join entry-level posts, due to limited promotional avenues in judicial service, reported Live Law.
A Bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran passed the reference order in the All- India Judges Association case. Earlier, the Bench had sought the responses of the high courts and the state Governments, expressing concerns over the issue.
Senior Advocate Siddharth Bhatnagar, the amicus curiae in case, had highlighted an “anomalous situation” in many States, where Judicial Officers recruited as Judicial Magistrate First Class (JMFC) often do not reach even the level of the Principal District Judge, leave alone reaching the position of the HC judge. He stated that this situation often discouraged bright youngsters from joining the judiciary.
Bhatnagar put forth a proposal to reserve a certain percentage of posts from the cadre of Principal District Judges for the promotion of Judges selected initially from the JMFC Cadre. Senior Advocate R Basant opposed this proposal, saying that this will deny opportunities to meritorious candidates who wait for direct recruitment as District Judges. In the order passed, the Bench observed that a balance will have to be struck between the competing claims. However, this would involve consideration of some of the earlier orders passed by three-judge Benches.
“In any case, in order to put the entire controversy to rest and to provide a permanent solution for a long time, we are of the considered view that the issue is considered by a Constitution Bench consisting of 5-judges,” the bench observed. Many HCs contested the position that entry-level officers were facing stagnation. CJI BR Gavai observed that the only concern was regarding maintaining a balance. “Otherwise a young judicial officer who enters the service at the age of 25- 26, and retires only as an Additional District Judge, will have some sort of heartburning,” CJI orally observed.
