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TMI Blog2016 (4) TMI 1425X X X X Extracts X X X X X X X X Extracts X X X X ..... ption made in the Rules after the categorization was made under Rule 3(3), the grievance of the applicant has now surfaced. The grievance of the applicant, as rightly pointed out by Mr. Patil, learned senior counsel, based on their prescription contained in Section 3 of the Act of 2003 read along with Section 4, even if the categorization came to be made under the Rules of 2004, the same should have been given effect rto retrospectively, in consonance with the specific provisions contained in the referred Sections 3 and 4 of the Act of 2003 - the prescription under sub-Rule (2) of Rule 1 of the Rules of 2004 and the Gazette Publication dated 20.3.2004 cannot supersede the specific provision contained in Section 3 and 4 of the Act of 2003, more so, when the Act of 2003 was deemed to have come into force with effect from 1st day of July, 1996. Thus, the first prayer of the petitioner merits acceptance and the same is granted and the respondents are directed to create cadre of Civil Judge (Junior Division) and Civil Judge (Senior Division), as prescribed under the Rules of 2004, and give effect to the same on and from 1.7.1996 with all consequential benefits accrued to those office ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LHI Ms. Sunita Sharma, Adv. Ms. Gunwant Dara, Adv. Mr. Sudarshan Singh Rawat, Adv. Mr. D.S. Mahra, Adv.(NP) GUJARAT Rrs Mr. Preetesh Kapur, Adv. Ms. Jesal Wahi, Adv. Ms. Hemantika Wahi, A.O.R. GOA Mr. T. Mahipal, A.O.R. HARYANA Dr. Monika Gusain, A.O.R. For Mr. Kamal Mohan Gupta, A.O.R. HIMACHAL PRADESH Mr. Suryanarayan Singh, A.A.G. Ms. Pragati Neekhra, Adv. JAMMU KASHMIR Mr. Sunil Fernandes, A.O.R. Ms. Astha Sharma, Adv. Mr. Puneeth K.G., Adv. Mr. Ashok Mathur, A.O.R. KARNATAKA Mr. V.N. Raghupathy, A.O.R. KERALA Mr. Ramesh Babu M.R., A.O.R. MADHYA PRADESH Mr. C.D. Singh, A.O.R. Mr. Sandeepan Pathak, Adv. MAHARASHTRA Mr. Aniruddha P. Mayee, A.O.R. For Ms. Asha Gopalan Nair, A.O.R. MANIPUR Mr. Sapam Biswajit Meitei, Adv. Ms. Khushbansi, Adv. Mr. Niranjan Sanasam, Adv. Mr. Z.H. Isaac Haiding, Adv. Mr. S.Vijayanand Sharma, Adv. Mr. Ashok Kumar Singh, A.O.R. MEGHALAYA Mr. Ranjan Mukherjee, A.O.R. MIZORAM Mr. P.V. Yogeshwaran, A.O.R. NAGALAND Ms. K. Enatoli Sema, Adv. Mr. Amit Kumar Singh, Adv. Mr. Edward Belho, Adv. Mr. Balaji Srinivasan, A.O.R. ODISHA Mr. Shibashish Mishra, A.O.R. For Kirti Renu M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ethi, Adv. Mr. S. Ramesh, Adv. KERALA Mr. T.G.N. Nair, A.O.R. GUWAHATI Mr. Nitin Kumar Singh, Adv. Mr. P.I. Jose, A.O.R. For other appearing parties Mr. Sanjay Parikh, A.O.R. Ms. Mamta Saxena, Adv. Mr. P.R. Bhal, Adv. Mr. Hitesh Kuma Sharma, Adv. Mr. Satyavan Rathi, Adv. Mr. M.A. Chinnaswamy, A.O.R. Mr. Amit Kumar, A.O.R. Mr. Shaurya Sahye, Adv. Mr. Avijit Mani Tripathi, Adv. Ms. Rekha Bakshi, Adv. Mr. Shree Prakash Sinha, Adv. Mr. Rakesh Mishra, Adv. Mr. Mohera Sinha, Adv. Mr. Shekhar Kumar, Adv. Mr. Arup Banerjee, A.O.R. Mr. Sunil Kumar Jain, A.O.R. Ms. Asha Jain Madan, A.O.R. Mr. Imtiaz Ahmed, A.O.R. Mr. Ashok K. Srivastava, A.O.R. Mr. Nirnimesh Dube, A.O.R. O R D E R IA No. 335, 336 and 339 Impleadment is allowed. Issue notice. The respective Standing Counsel for the respondent-States as well as Union of India and the High Courts accept and waive formal notice. Having regard to G.O. 86 dated 19th July, 2013 passed by the State of Andhra Pradesh in compliance of the order of this Court dated 8th October, 2012, counsel appearing for the various States and the High Courts are directed to get instructions for passing necessary orders in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s after the categorization was made under Rule 3(3), the grievance of the applicant has now surfaced. The grievance of the applicant, as rightly pointed out by Mr. Patil, learned senior counsel, based on their prescription contained in Section 3 of the Act of 2003 read along with Section 4, even if the categorization came to be made under the Rules of 2004, the same should have been given effect rto retrospectively, in consonance with the specific provisions contained in the above referred Sections 3 and 4 of the Act of 2003. We are fully convinced of the said submission so made by the leaned senior counsel on behalf of the applicant(s). In such circumstances, the prescription under sub-Rule (2) of Rule 1 of the Rules of 2004 and the Gazette Publication dated 20.3.2004 cannot supersede the specific provision contained in Section 3 and 4 of the Act of 2003, more so, when the Act of 2003 was deemed to have come into force with effect from 1st day of July, 1996. In this context, it will be absolutely necessary to note what this Court has directed in paragraph 38 of the judgment rendered in All India Judges' Association and Others v. Union of India and Others reported in (2002) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the States wherever necessary by 31.3.2003. When this application was moved, initially on behalf of the High Court, learned Standing Counsel took notice and submitted that in the High Court a Committee has been constituted which is deliberating on this issue and, therefore, he will be able to report to this Court in a week's time. It is now pointed out by Mr. Patil, learned senior counsel for the applicant(s) that the 34 point roster has been drawn by the High Court based on the cadre strength providing for different points applicable to the promotees by way of limited competitive examination as well as for direct recruits in the entry level District/Additional District and Sessions Judge. It is also brought to our notice that appropriate Rules have also been drawn by the High Court which has been notified by the State Government on 16th March, 2004. The Rules have been captioned as Himachal Pradesh Judicial Service Rules, 2004 . Rule 13, which specifies as to how seniority list is to be worked out is to the following effect:- RULE-13 Seniority- (1) Where Officers are recruited to a cadre by promotion and direct recruitment seniority shall be regulated by the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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