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Report No. 116

B. The Morale Argument

The second ground on which the opposition is founded is that the promotional avenues of the members of the State Judicial Service would be severely curtailed causing heart-burning and frustration and, in final analysis, impairing the chances of recruiting bright young persons to the State Judicial Service. A member of the State Judicial Service who enters at the lowest level, such as Munsif/Judicial Magistrate First Class/Civil Judge (J.D.) moves vertically upwards. Ordinarily, in most of the States, the post of the District and Sessions Judge is the second stage of promotion. In. Maharashtra and Gujarat, a Civil Judge (J.D.)/J.M.F.C. is first prompted as Assistant Sessions Judge and Assistant Judge and next gets promotion as District and Sessions Judge.

In some other States, a Munsif Magistrate is promoted as subordinate judge and then further promoted as Civil and Sessions Judge or Additional Sessions Judge and then promoted as District and Sessions Judge. All-India Judicial Service can be set up-at the level not below the District Judge as the term is explained in Article 236. By setting up of the All-India Judicial Service, the promotional avenues of the members of the lowest cadre are hardly likely to be impaired. Further, in most of the States, there is always a rule for direct recruitment at the level of District and Sessions Judge. Therefore, all posts in the cadre of District and Sessions Judge in a given State are not available to the promotees from the lower ranks.

The judgment of the Supreme Court of India in O.P. Singla v. Union of India, AIR 1984 SC 1595 shows that direct recruitment to the cadre of District Judges was provided by rules for Delhi Higher Judicial Service. To the extent direct recruitment takes place in the higher judicial service, the chances of promotion of the subordinate ranks are proportionately reduced. This position is not likely to be materially altered when Indian Judicial Service is formed and set up. Undoubtedly, there will be direct recruitment to that service from fresh law graduates and the Bar, but a high percentage of posts would be reserved for promotion from subordinate State Judicial Service.

Also, members of the subordinate State Judicial Service would be entitled to compete by appearing at the competitive examination for recruitment to Indian Judicial Service. A principle well established in service jurisprudence should not be overlooked. It is to the effect that a person already in service is not disqualified from taking examination for direct recruitment on the ground of being age-barred. Therefore, the apprehension that the formation of Indian Judicial Service will substantially reduce or impair the promotional avenues of the members of the subordinate State Judicial Service is wholly unfounded.

Formation of an All India Judicial Service Back

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