1984 (2) TMI 352 - SC - Indian Laws

Summary

Issues Involved:
1. Seniority of the appellant in the cadre of District Judges.
2. Entitlement of the appellant to the salary and allowances in the selection grade scale.
3. Posting of the appellant as an Inspecting Judge.

Issue-wise Detailed Analysis:

1. Seniority of the appellant in the cadre of District Judges:
The appellant contended that his seniority should be reckoned from the date he was initially recruited as a District Judge and posted as an Assistant Judge under Rule 5(2)(i)(b) of the Bombay Judicial Service Recruitment Rules, 1956. The High Court rejected this claim, and the Supreme Court did not consider this contention due to a delay of nearly nine years in questioning the seniority assigned in 1973.

2. Entitlement of the appellant to the salary and allowances in the selection grade scale:
The Supreme Court examined the structure of the Judicial Service in Maharashtra, noting that the Senior Branch includes District Judges. The Rules did not create a separate cadre for selection grade District Judges or Inspecting District Judges. The scale of pay for District Judges was revised over time, with resolutions in 1963, 1974, and 1975 increasing the number of posts and adjusting pay scales. The selection grade was an extension of the existing pay scale to address stagnation, not a promotion requiring selection.

The High Court's error was in treating Inspecting District Judges as equivalent to selection grade District Judges. The Supreme Court clarified that the selection grade pay scale did not involve promotion or selection and should be granted based on seniority. The appellant was entitled to the selection grade pay scale from the date his immediate junior started drawing it.

3. Posting of the appellant as an Inspecting Judge:
The High Court had guidelines for posting District Judges as Inspecting Judges, considering factors like administrative capacity and years of service. However, the Supreme Court noted that Inspecting District Judges did not form a separate cadre superior to District Judges. The refusal to post the appellant as an Inspecting Judge was within the High Court's discretion, but it did not affect his entitlement to the selection grade pay scale.

Conclusion:
The Supreme Court set aside the High Court's judgment regarding the selection grade pay scale, declaring the appellant entitled to it from the date his immediate junior began drawing it, along with consequential reliefs. The appeal was allowed in part, with no costs awarded.