Punjab-Haryana High Court
Sudhir Jiwan And Another vs State Of Haryana And Another on 6 April, 2011
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.5733 of 2011 (O&M)
Date of Decision : April 06, 2011.
Sudhir Jiwan and another .....Petitioners
versus
State of Haryana and another .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.Keshav Kaushik, Advocate, for the petitioners.
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1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
The petitioners who are members of the Haryana Civil Services (Judicial Branch) in the ranks of Civil Judge/Additional Civil Judge (Senior Division), applied and were considered for appointment to the posts of Additional District and Sessions Judges (Adhoc), Fast Track Courts.
It appears that the High Court followed the selection procedure prescribed for regular promotions to the Superior Judicial Services under the Haryana Superior Judicial Services Rules, 2007 even for the purpose of making adhoc promotions to the posts of Additional District and Sessions Judges (Adhoc) Fast Track Courts. The petitioners having achieved the bench marks and being successful were promoted as C.W.P.No.5733 of 2011 (O&M) 2 Additional District and Sessions Judges (Adhoc), Fast Track Courts vide order dated 20.7.2009 (Annexure P-5) with a clear stipulation that "they shall not be entitled for the benefit of the period of adhoc service for the purpose of seniority". Since the Fast track Courts were temporarily discontinued as on 31.3.2011, the High Court passed an order on 31.3.2011 repatriating the petitioners from the Fast Track Courts to their respective substantive ranks/posts.
The aggrieved petitioners have approached this Court seeking their continuation as Additional District and Sessions Judges, inter-alia, on the plea that (i) their initial promotions made vide order dated 20.7.2009 were in accordance with the Haryana Superior Judicial Services Rules, 2007 and as such they are entitled to continue against the regular posts even if they were promoted on adhoc basis for want of regular vacancies and (ii) that the State Government has since extended the term of the seven Fast Track Courts in the State of Haryana for a period of four months, i.e., upto 31.7.2011, the petitioners are entitled to continue atleast on adhoc posts till such posts are available.
Having heard learned counsel for the petitioners at some length, I do not find any merit in both the contentions. The petitioners applied and were considered for promotion against the posts of Additional District and Sessions Judges (Adhoc), Fast Track Courts only. It was in their knowledge from the very inception that the promotions are adhoc in nature and the benefit of adhoc service towards seniority or regular absorption shall not be admissible. The petitioners thereafter competed for C.W.P.No.5733 of 2011 (O&M) 3 the regular posts but could not make to the bench mark. That being so, no legal right has accrued in their favour for absorption/adjustment as members of the Haryana Superior Judicial Service on regular basis. So far as their continuation as adhoc Additional District and Sessions Judges in the Fast Track Courts is concerned, the orders for continuation of the Fast Track Courts have been admittedly received after 31.3.2011 and there is no reason to doubt that the High Court shall take immediate steps to fill up these posts in the public interest. The petitioners would also be entitled to be considered as per their seniority and in accordance with the procedure that may be evolved by the competent authority.
With this liberty and observations, the writ petition stands disposed of.
Dasti.
April 06, 2011 (SURYA KANT) Mohinder JUDGE