Judicial Officers' Promotion : Live Updates From Supreme Court Hearing | All India Judges Association Case
Bhatnagar : at the entry level we are not seeking a quota, the LC will anyway be senior , only at supertime scale will the promotees get
Bhatnagar : suppose there are two civil judges, one is junior to the other (sr Division), the junior one passes the LC examination, he comes directly into the cadre of district judges, he becomes senior to the regular promotee when he comes in, so the seniority will be higher in any case
J Kant : what will be incentive left for an officer, who says that why should I work hard, compete and qualify an exam when eventually, in terms of seniority or in terms of the benefit of higher payscale, I am going to lose
Bhatnagar : because 17.5% + 7.5% will go into the next post, so my suggestion is to have that at the supertime scale
Bhatnagar : District Judge cadre has 50% judges from the entry level; 35% at selection grade and 15% at supertime scale , so if 1:1 quota is to be applied and we apply it to both selection grade and supertime scale, then no entry level, direct recruit judge left
Bhatnagar reads his suggestions: in the 25% direct recruitment, you have 50% quota, for 75% promotee cadre, you also have 50% quota - but here you have to see one nuance-
Bhatnagar : so even after taking the opportunity, 50% of the cadre will still remain regular promotees in the cadre
Bhatnagar: so mylords may think about that too
Bhatnagar : in that matter, hardly anyone was taking LC, now they will take because of the incentive and you are assuming that every civil judge after 7 years will clear the examination. We are dealing with 50% of the cadre here, for them seniority and promotion is a very important aspect
Bhatnagar: exactly, you will spend 7 years preparing for your district judge etc, then you are not bothered about your ACRs
Bhatnagar : and they will not be interested in deciding cases, they will only study for the exam
J Kant: we will have crisis in the junior division level