Report No. 80
6.4. Recommendation in 79th Report.-
We may in this connection refer to our seventy-ninth Report,3 wherein we observed:
"As mentioned earlier, though the sanctioned judge strength of the High Courts in the country during the year 1977 was 352, only 287 judges on an average were in position. Likewise, in the year 1976, even though the sanctioned strength was 351, only 292 judges Were in position. Leaving aside the judges who were entrusted with work outside their normal duties, the fact remains that the number of judges in position in both the years was less than the sanctioned strength. This disparity between the sanctioned strength, and the number of judges in position was apparently due to the fact that vacancies in the posts were not filled in as soon as they occurred.
It is our considered opinion that delay in filling in the vacancies is one of the major controlling factors responsible for the piling accumulation of arrears. In our opinion, when a vacancy is expected to arise out of the retirement of a judge, steps for filling in the vacancy should be initiated six months in advance. The date on which such a vacancy will normally arise is always known to the Chief Justice of the High Court and also to others concerned. It should be ensured that necessary formalities for the appointment of a Judge to fill the vacancy are completed by the date on which the vacancy occurs."