Judicial Officers' Promotion : Live Updates From Supreme Court Hearing | All India Judges Association Case

Bench will continue hearing tomorrow

Other intervenors make their brief submissions

Giri : Therefore, it is only for the purpose of determining whether higher responsibility can be assigned to those persons who are serving the higher judicial service namely principal district that essentially offers selection grade offers super time scale assets it is only for that purpose that we have ventured to make the submissions before you, we obviously cannot say that this should be giving an advantage either to the promotees or to the direct recruits or to the LDCEs

Giri : None of the judgments of this order would say that that would amount to a creation of a cadre within the cadre. No, that is not what it is meant for. It is not for the purpose of, my Lord, creating a sub- cadre. It is only for the purpose of, taking note of a valid criteria for the purpose of assigning seniority within the high judicial service. Because anyway, it is not on seniority that the creation of a lot of the high court is determined on.

Giri: another submission is, none of the judgments of this court would say that a valid criterion cannot be adopted for the purpose of assignment or an advantage to a person within a cadre

Giri: but in that it is possible that mylords may lay down some guidelines, where mylords the HC could still retain discretion in the question of giving some weightage to those persons who have come through remote channel when it comes to the question of assignment or responsibilities as a principle district judge

Giri: this is the data of the last 5 years placed before you. Principle District Judge is not a post covered by the rules but it is required. And therefore mylords, when we chose that we normally go by the position of seniority, merit and suitability are equal, therefore we go by seniority

Sr Adv V Giri appears for the Kerala HC

Bench resumes

Makhija refers to case laws from her submissions

CJI: so you cannot carry forward

Counsel : yes cannot carry forward, because the moment you carry forward this discrepancy will start to happen