Referring to a recent Supreme Court order that had stayed the promotion of judicial officers in Gujarat, a bench headed by Chief Justice DY Chandrachud was informed today that the aggrieved officers had been humiliated.
Senior advocate Meenakshi Arora today referred to the petition of the aggrieved officers and told the court, “These judges are facing humiliation, same is the way in UP”.
The CJI told Arora that the order was actually passed by a coordinate bench of this court, headed by Justice MR Shah, who retired on Monday.
Justice Pardiwala further remarked that out of 68 judges, 28 were still in the merit list.
The Supreme Court had last week declared as illegal and contrary to a select list prepared by the Gujarat High Court dated March 10, 2023, and the notification issued by the state government on April 18, promoting judicial officers to the cadre of District Judge. For rules and regulations and judgment of the apex court in the matter of All India Judges Association (2002).
A bench of Justice MR Shah and Justice CT Ravikumar had thus observed, “We are prima facie satisfied that such averments are not sustainable…the High Court has taken a wrong approach”.
The Court had, however, observed that, at present, the concerned promotees have not taken up their postings in the promotional post and as such they have been sent for training, “We forward the select list issued vide select list dated 10.03.2023 Prohibits implementation and operation.” Notification dated 18.04.2023 issued by Gujarat High Court and State Govt.
The court explained that the concerned promotees should be sent back to their original posts which they were holding prior to their promotion.
It was further directed that the writ petition filed by Ravikumar Dhansukhlal Mehta be placed before the Bench for further hearing under the orders of the Administrative Side.
The petitions were filed challenging the promotion of senior civil judges to the cadre of District Judge (65% quota) as being violative of Article 14 of the Constitution as well as Rule 5 of the Gujarat State Judicial Service Rules, 2005.