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

(Referring to the recent decision on allowing judicial officers with prior 7 years experience to be eligible for District Judge post)

J SuryaKant: if you give so much incentive to the seniority of the direct recruits, our junior cadre will start only working for competing in the (district judge post)

Bhatnagar mentions that after the 3 years practice rule decision, for the promotees category, the average age should now be considered with an addition of 3 years more

J Chandran : in Bihar it takes 17 years to become a district judge, for promotees

J Chandran : in Kerala you have said that 49 years is for the direct entry. In Kerala, now there are atleast 5 HC judges who are direct entry people who are of this age

Bhatnagar : I may not be correct , I will recheck

Bhatnagar refers to a chart mentioned in J Shetty Commission- Average age of promotee in Andhra Pradesh is 48 , directly recruited- 39 years; Assam- 51 : 38; Bihar 54: 41 - so in virtually every state, there is that age disparity

Bhatnagar mentions that, as per the feedback received from all the HCs, on average, the promotees will always be older than the direct recruits for the post of district judge

Bhatnager states that the reason is that the Civil Judges Sr Division, get promotion only at the advanced age while bar members are directly recruited at a younger age

Bhatnagar reads from his submissions. He mentions that the disparity in cardre was noticed in the 1 st National Judicial Pay Commission

Sr Adv Siddharth Bhatnagar appears as the Amicus Curiae in the case

Bhatnagar refers to the reference order :

"It cannot be disputed that the judges who were initially appointed as CJ(Civil Judges) gain rich experience since they have been serving in the judiciary for a number of decades. Furthermore, every judicial officer, be it one who was initially recruited as CJ or one who was directly recruited as a District Judge, has an aspiration to reach at least up to the position of a High Court Judge.

We are, therefore, of the view that a proper balance has to be struck between the competing claims. However, this issue would involve consideration of some of the judgments and orders passed by Benches comprising of three learned judges of this Court. Therefore, in order to put the entire controversy at rest and provide a meaningful and long-lasting solution, we are of the considered view that it will be appropriate if the issue is considered by a by a Constitution Bench consisting of five learned Judges of this Court."