Karnataka High Court
Smt S Vijaya Lakshmi vs The State Of Karnataka on 27 March, 2013
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 27TH DAY OF MARCH 2013
PRESENT
THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
Writ Appeal No. 534/2013 &
WA Nos. 966-1058/2013 (S-RES)
BETWEEN :
1. SMT S VIJAYA LAKSHMI
W/O LAKSHMIKANTH KULKARNI
MAJOR
WORKING AS TYPIST,
FAST TRACK COURT
BANGALORE-560 009.
2. Y LAKSHMI DEVI
D/O GOVINDA REDDY
AGE: 39 YEARS
WORKING AS FIRST DIVISION ASSISTANT,
FAST TRACK COURT III
BANGALORE-560 009.
3. SRI CHANDRASHEKAR H.R.
S/O RAMAIAH
AGE: 38 YEARS
WORKING AS PEON
FAST TRACK COURT
BANGALORE-560 009.
4. SRI G M CHANDRASHEKARAIAH
S/O MADIAH
AGED ABOUT 32 YEARS
WORKING AS ATTENDER,
SPECIAL COURT FOR CRIMINAL CASES,
BANGALORE-560 009.
5. SRI M H CHIDANANDA
S/O M BHEEMARYAPPA
AGED ABOUT 31 YEARS,
2
WORKING AS PEON
SPECIAL COURT FOR CRIMINAL CASES,
BANGALORE-560 009.
6. SMT P PRAMILA DEVI
W/O GANGADHAR
AGE: 40 YEARS
WORKING AS PEON
FAST TRACK COURT
BANGALORE -560 009.
7. KUM R PUSHPA
S/O LATE NAGARAJU
AGE: 23 YEARS
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT,
BANGALORE-560 009.
8. SRI SIDDARAJU P
S/O PUTTASWAMAIAH
Age:29 YEARS
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT
BANGALORE-560 009.
9. SRI LOKESH G
S/O M GIRIJAPPA
AGED ABOUT 26 YEARS
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT
BANGALORE-560 009.
10. SRI NAVEEN KUMAR A N
S/O LATE NAGARAJU
AGED ABOUT 23 YEARS
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT
BANGALORE-560 009.
11. SRI NAYAZ KHAN
AGED ABOUT 27 YEARS
S/O FAYAZ KHAN,WORKING AS PEON
FAST TRACK COURT,
BANGALORE-560 009.
3
12. SRI NARASIMHAIAH P E
AGED ABOUT 40 YEARS
S/O ERE GOWDA
WORKING AS PEON
FAST TRACK COURT,
BANGALORE-560 009.
13. KUM.S.MARY LINDA
AGED ABOUT 33 YEARS
D/O.SHUSHA RAJI
WORKING AS PEON
FAST TRACK COURT
BANGALORE 560 009.
14. SRI B.M.SOMALINGA
AGED ABOUT 27 YEARS
S/O.MAHADEVAIAH
WORKING AS PEON
FAST TRACK COURT
BANGALORE 560 001.
15. KUM.M.INFANT GLORY
AGED ABOUT 26 YEARS
D/O.Y.MOSES
WORKING AS PEON
FAST TRACK COURT
BANGALORE 560 030.
16. SMT R PREMA KUMARI
D/O S RAMASWAMY
WORKING AS PEON,
FAST TRACK COURTS
R/AT NO. 32, 5TH CROSS,
KRISHNAPPA GAREDEN,
TAVARAKERE MAIN ROAD,
BANGALORE-560 009.
17. SRI AYYAPPA
AGED ABOUT 31 YEARS
S/O THIMMANNA
WORKING AS FIRST DIVISION ASSISTANT,
FAST TRACL COURTS
RAICHUR-584101
4
18. SRI NAGEREDDY
AGED ABOUT 34 YEARS
S/O SHIVAREDDY
WORKING AS SECOND DIVISION ASSISTANT,
FAST TRACK COURTS
RAICHUR-584101
19. SRI ISHWAR V NAIK
AGED ABOUT 34 YEARS
S/O VENKATARAMANA NAIK
WORKING AS PEON
FAST TRACK COURTS, RAICHUR-584101
20. SRI P SHAIK HUSSAIN
AGED ABOUT 39 YEARS
S/O P HUSSAIN SAHEB
WORKING AS SECOND DIVISION
FAST TRACK COURT
HOSPET, BELLARY DISTRICT-583101
21. SRI K RAMESH
AGED ABOUT 40 YEARS
S/O K VENKATESH
WORKING AS PEON
FAST TRACK COURT, BELLARY-583101
22. SRI D A NARASIMHA PRASAD
AGED ABOUT 40 YEARS
S/O D L ANANDA RAO
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT
DODDABALLAPURA
BANGALORE RURAL DISTRICT-561203
23. SRI MALLAPPA
AGED ABOUT 36 YEARS
S/O RAMACHANDRA BADIGER
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT, YADGIRI-585102
24. SRI JEEVAN CHANDRAKANT TILGANJI
AGED ABOUT 26 YEARS
S/O CHANDRAKANTH
WORKING AS FIRST DIVISION ASSISTANT
5
FAST TRACK COURT
BELGAUM-590003
25. SRI GIRISH CHANDRAKAT ADI
AGED ABOUT 28 YEARS
S/O CHANDRAKANATH
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT
BELGAUM-590003
26. KUM VIASHALI SHIVAJI KAMBLE
AGED ABOUT 28 YEARS
D/O SHIVAJI
WORKING AS SECOND DIVISION CLERK,
FAST TRACK COURT,
BELGAUM-590001
27. SRI MALLESH YAMANAPPA WAGGE
AGED ABOUT 38 YEARS
S/O YAMUNAPPA
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT
BELGAUM-590001
28. SRI MAHAMAD ARIF A NEGINAL
AGED ABOUT 23 YEARS
S/O HABEEB USMAN
WORKING AS SECOND DISVISION ASSISTANT
FAST TRACK COURT
BELGAUM-590001
29. KUM VIDYA VIJAY KAKATI
AGED ABOUT 28 YEARS
D/O VIJAY WORKING AS STENOGRAPHER
FAST TRACK COURT
BELGAUM-590001
30. SRI BASAVARAJ SHIVARAYAPPA SHIVANAGUDI
AGED ABOUT 32 YEARS
S/O SIVARAYAPPA
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT,
CHIKKODI,
BELGAUM-590001
6
31. SRI MALLIKARJUN SHIVAPUTRA BASTAWADE
AGED ABOUT 30 YEARS
S/O SHIVAPUTRA RASTAWADE
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT,
HUKKERI,
BELGAUM-591309
32. SRI RAMESH ADIVEPPA NAIKER
AGED ABOUT 28 YEARS
S/O ADIVEPPA NAIKAR
WORKING AS SECOND DIVISION ASSISTANT,
FAST TRACK COURT,
HUKKERI,
BELGAUM-591309
33. SRI JAYAPAL BALAPPA PARASAPPAGAL
AGED ABOUT 41 YEARS
S/O BALAPPA
WORKING AS PEON
FAST TRACK COURT,
HUKKERI,
BELGAUM-591309
34. SRI ARAVIND ASHOK UPADHYA
AGED ABOUT 33 YEARS
S/O ASHOK UPADHYA
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT,
ATHANI, BELGAUM-591309
35. SRI MAHANTESH SIDDAPPA SANAKAL
AGED ABOUT 42 YEARS
S/O SIDDAPPA SANAKAL
WORKING AS PEON
FAST TRACK COURT,
ATHANI
BELGAUM-591309
36. SMT MAHANTAMMA
AGED ABOUT 38 YEARS,
D/O MUPPAYYA HIREMATH,
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT, JAMAKANDI
BAGALKOT DISTRICT-587301
7
37. SRI RAJESH
AGED ABOUT 31 YEARS,
S/O SOMASHEKHAR AKALWADI,
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT
JAMAKANDI
BAGALKOT DISTRICT-587301
38. SRI MALLAPPA N PUJARI
AGED ABOUT 39 YEARS,
S/O NINGAPPA PUJARI,
WORKING AS DRIVER
FAST TRACK COURT
BIJAPUR 586 101
39. SRI S B JAVALI
AGED ABOUT 42 YEARS,
S.O JAVALI,
WORKING AS STENOGRAPHER
FAST TRACK COURT
BIJAPUR 586 101
40. SRI R V INDIKAR
AGED ABOUT 38 YEARS,
S/O VASANTH RAO INDIKAR
WORKING AS TYPIST
FAST TRACK COURT
BIJAPUR 586 101
41. SRI P H KATTIMANI
AGED ABOUT 35 YEARS,
S/O HANUMANTHA KATTIMANI
WORKING AS PEON
FAST TRACK COURT
BIJAPUR 586 101
42. SRI HAJIALI H KOPPAL
AGED ABUOT 32 YEARS,
S/O H KOPPAL,
WORKING AS DRIVER
FAST TRACK COURT,
BIJAPUR 586 101
8
43. SRIKANTAIAH
AGED ABOUT 40 YEARS,
S/O CHANNABASAYYA,
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT
KOPPAL 583 231
44. SMT.R ARUNDHATHI
MAJOR,
WORKING AS FIRST DIVISION ASSISTANT,
KOPPAL 583 231
45. SRI DHARMANNA
AGED ABOUT 22 YEARS
S/O RAMANNA BESTAR
WORKING AS PEON
FAST TRACK COURT
KOPPAL 583 231
46. SRI ANAND ESHAPPA DINNI
AGED ABOUT 21 YEARS,
S/O ESHAPPA DINNI,
WORKING AS PEON
FAST TRACK COURT
KOPPAL 583 231
47. SRI C M ROOPESH
AGED ABOUT 23 YEARS,
S/O C M MAHADEVAPPA,
WORKING AS PEON
FAST TRACK COURT
CHAMARAJANAGAR 571 440
48. KUM REMEDIA ALPHANSO
AGED ABOUT 39 YEARS
D/O ANTHONY ALPHANSO
WORKING AS STENOGRAPHER
FAST TRACK COURT
KARWAR 581 301
49. SMT SHEETALADEVI SANJYA NAIK
AGED ABOUT 34 YEARS,
D/O SANJAY NAIK,
WORKING AS STENOGRAPHER
9
FAST TRACK COURT
KARWAR, UTTAR KANNADA DISTRICT 581 301
50. SMT SARITA S GUNAGI
AGED ABOUT 34 YEARS,
D/O SADANAND D GUNAGI,
WORKING AS TYPIST
FAST TRACK COURT
KARWAR
UTTARA KANNADA DISTRICT 581 301
51. SMT PRAMILA G NAIK
AGED ABOUT 35 YEARS,
W/O PROMOD G NAIK,
WORKING AS TYPIST
FAST TRACK COURT
KARWAR
UTTARA KANNADA DISTRICT 581 301
52. SRI SAGAR T PADWALKAR
AGED ABOUT 38 YEARS,
S/O TULASIDAS
WORKING AS DRIVER
FAST TRACK COURT
KARWAR
UTTARA KANNADA DISTRICT 581 301
53. SRI PRASHANTH KUMAR URWA
AGED ABOUT 38 YEARS,
S/O LATE SANJEEVA,
WORKING AS TYPIST
FAST TRACK COURT
MANGALORE,
D.K. 581 301
54. SMT C K MANJULA
AGED ABOUT 31 YEARS,
W/O LATE SUNDARAMURTHY WORKINA AS
SECOND DIVISION ASSISTANT
FAST TRACK COURT
TUMKUR 572 101
55. SRI S P NARAYANASWAMY
AGED ABOUT 40 YEARS,
S/O S PUTTASWAMY,
10
WORKING AS TYPIST
FAST TRACK COURT
MYSORE 570 005
56. SMT M RANJITHA
AGED ABOUT 24 YEARS,
D/O MANJUNATH,
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT
MYSORE 570 005
57. SMT SAVITHA T HEGDE
AGED ABOUT 41 YEARS,
W/O MAHABALSEHWARA B R WORKING AS
STENOGRAPHER
FAST TRACK COURT
MYSORE
58. SRI T N GIRISH KUMAR
AGED ABOUT 36 YEARS,
S/O LATE NARAYANA GOWDA,
WORKING AS PEON,
FAST TRACK COURT,
MYSORE 570 005
59. SRI A RAVIKUMAR
AGED ABOUT 42 YEARS,
S/O LATE ANNAIAH,
WORKING AS TYPIST
FAST TRACK COURT
MYSORE 570 005
60. SRI BHARAMANA GOUDA A G
AGED ABOUT 41 YEARS,
S/O LATE NEELAKANTANA GOUDA,
WORKING AS TYPIST
FAST TRACK COURT
MYSORE 570 005
61. SRI KRISHNA
AGED ABOUT 40 YEARS,
S/O LATE MADE GOWDA,
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT
11
ANEKAL 562 106
BANGALORE RURAL DISTRICT
62. SMT SHAKUNTHALA N H
AGED ABOUT 31 YEARS,
W/O BASAVARAJ V M
WORKING AS STENOGRAPHER
FAST TRACK COURT,
ANEKAL
BANGALORE RURAL DISTRICT 562 106
63. SMT K S PANKAJA
AGED ABOUT 25 YEARS,
W/O ANNAJI RAO,
WORKING AS TYPIST,
FAST TRACK COURT,
ANEKAL,
BANGALORE RURAL DISTRICT 562 106
64. SRI K M SATISH
AGED ABOUT 32 YEARS,
S/O LATE K M MALLANNA,
WORKING AS SECOND DIVISION ASSISTANT,
FAST TRACK COURT, ANEKAL,
BANGALORE RURAL DISTRICT 562 106
65. SRI NANJUNDASWAMY K G
AGED ABOUT 26 YEARS,
S/O K P GANGADHAR,
WORKING AS PEON,
FAST TRACK COURT,
ANEKAL,
BANGALORE RURAL DISTRICT 562 106
66. SMT ASHALATHA G
AGED ABOUT 28 YEARS,
W/O LATE KEERTHI BHUSHAN K R
WORKING AS TYPIST,
FAST TRACK COURT,
CITY CIVIL COURT
BANGALORE 560 009
67. SRI. M. DINESH
AGED ABOUT 32 YEARS
12
S/O MUNIYAPPA
WORKING AS FIRST DIVISION ASSISTANT,
FAST TRACK COURT
DEVANAHALLI-562110
BANGALORE RURAL DISTRICT 562 110
68. SMT. SUNITHA M.
AGED ABOUT 35 YEARS
W/O NINGARAJU T.M.
WORKING AS STENOGRAPHER (TYPIST),
FAST TRACK COURT,
DEVANAHALLI
BANGALORE RURAL DISTRICT 562 110
69. SMT. PUSHPA BOVI
AGED ABOUT 39 YEARS
W/O ANIL BOVI
WORKING AS TYPIST
FAST TRACK COURT
DEVANAHALLI
BANGALORE RURAL DISTRICT 562 110
70. SRI. B.SHANTHARAJU
AGED ABOUT 22 YEARS
W/O BASAVE GOWDA
WORKING AS PEON
FAST TRACK COURT
DEVANAHALLI
BANGALORE RURAL DISTRICT 562 110
71. KUM. C. REKHA
AGED ABOUT 22 YEARS
D/O S CHANDRAMOULI
WORKING AS STENOGRAPHER
FAST TRACK COURT,
CITY CIVIL COURT COMPLEX,
BANGALORE RURAL DISTRICT 560 009
72. KUM. V. VIDHYA
AGED ABOUT 23 YEARS
D/O B.M. VENKATESH
COURTS,
BANGALORE 560 009
13
73. SRI. NARASIMHA MURTHY T.
AGED ABOUT 26 YEARS
S/O THIMMAIAH
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT-I
TUMKUR 572 101
74. SRI. NAVEEN KUMAR H.L.
AGED ABOUT 28 YEARS
S/O LAKSHMAIAH
WORKING AS DRIVER
FAST TRACK COURT-I
TUMKUR 572 101
75. SRI. V. SANJEEVA MURTHY
AGED ABOUT 37 YEARS
S/O LATE VENKATESHAIAH
WORKING AS PEON,FAST TRACK COURT-III
TUMKUR 572 101.
76. SMT. D. SHANTHA LAKSHMI
AGED ABOUT 41 YEARS
W/O V. SATISH,WORKING AS TYPIST
FAST TRACK COURT-I
TUMKUR 572 101
77. SRI.SANTHOSH A.J.
AGED ABOUT 25 YEARS
S/O A.L. JANARDHANACHAR
WORKING AS SECOND DIVISION ASSISTANT,
FAST TRACK COURT-II
TUMKUR 572 101
78. SMT. JAYALAKSHMI T.
AGED ABOUT 33 YEARS
W/O RAVINDRAKUMAR
WORKING AS TYPIST
FAST TRACK COURT
BANGALORE 572 101
79. SMT. K. PUSHPALATHA
AGED ABOUT 34 YEARS
W/O RAMU
WORKING AS TYPIST
14
FAST TRACK COURT,
CITY CIVIL COURTS COMPLEX,
BANGALORE 560 009
80. SMT. G. ASHA RANI
AGED ABOUT 28 YEARS
W/O G. RAMESH
WORKING AS TYPIST,FAST TRACK COURT,
CITY CIVIL COURTS COMPLEX,
BANGALORE 560 009
81. SMT. K. PADMA PRIYA
AGED ABOUT 34 YEARS
W/O B.R. RAVI
WORKING A TYPIST
FAST TRACK COURTS
CITY CIVL COURTS COMPLEX,
BANGALORE 560 009
82. SMT R RADHA
W/O S ASHOK KUMAR
AGED ABOUT 41 YEARS
WORKING AS TYPIST
FAST TRACK COURTS
CITY CIVIL COURT COMPLEX
BANGALORE 560 009
83. SMT G SUJATHA
W/O B BALA GANGADHAR TILAK
WORKING AS TYPIST
FAST TRACK COURTS
CITY CIVIL COURT COMPLEX
BANGALORE 560 009
84. SRI BASAVARAH BABANNA PATTANASHETTI
AGED ABOUT 25 YEARS
S/O BANNA CHENNAPPA PATTANASHETTI
KOPPAL 583 231
85. SRI PAVAN KUMAR K V
S/O LATE MOHAN RAO K V
AGED ABOUT 32 YEARS
WORKING AS FIRST DIVISION ASSISTANT
15
FAST TRACK COURT-I
BELLARY 583 101
86. SRI LAXMIPRASAD JANADRI
AGED ABOUT 27 YEARS
S/O LAXMANA JANADRI
WORKING AS PEON, FAST TRAKC OURT-1
BELLARY 583 101
87. SRI M RAJESH BABU
S/O LATE C MAHALINGAPPA
AGEDA BOUT 31 YEARS
WORKING AS PEON,
FAST TRACK COURT-II
BELLARY 583 101
88. SRI SIDDESHWARA D
S/O LATE HANUMANTHAPPA
AGED ABOUT 31 YEARS
WORKING AS PEON
FAST TRACK COURT-I
BELLARY 583 101
89. SRI KHALILULLA M ATTAR
S/O MOHAMMAD ATTAR
AGED ABOUT 31 YEARS
WORKING AS PEON
FAST TRACK COURT-II
BELGAUM 590 001
90. SRI KUMAR S PASCHAPURE
S/O SHIVADPUTRA PASCHAPURE
AGED ABOUT 29 YEARS
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT
TIPTUR
TUMKUR DISTRICT 572 201
91. SRI KAMMANNA N.D.
S/O DODDAIAH
AGED ABOUT 38 YEARS
WORKING AS PEON
FAST TRACK COURT,
16
MADHUGIRI
TUMKUR DISTRICT 572 132
92. SMT G SHANTHA
D/O LATE GIRIYAPPA
AGED ABOUT 34 YEARS
WORKING AS FIRST DIVISION ASSISTANT
FAST TRACK COURT
MADHUGIRI
TUMKUR DISTRICT 572 132
93. SMT H E LALITHA
W/O NAGARAJ,AGED ABOUT 30 YEARS
WORKING AS SECOND DIVISION ASSISTANT
FAST TRACK COURT
MADIKERI 571 201
... APPELLANTS
(By Sri P.S. RAJAGOPAL, SR. COUNSEL FOR
SRI SIDDHARTHA H M & SRI ANANDARAMA K, ADVS.,)
AND :
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
LAW JUSICE AND
HUMAN RIGHTS DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE-560001
2. THE REGISTRAR GENERAL
HIGH COUT OF KARNATAKA,
BANGALORE-560001
... RESPONDENTS
(By Sri BASAVARAJ KAREDDY, PRL. G.A. FOR R1 & R2)
THESE WRIT APPEALS ARE FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED IN THE WRIT PETITION NO.8627-
8704/2012(S-RES) AND WP.NO.40504-40535/2012 (S-RES)
DATED 23/11/2012.
17
THESE WRIT APPEALS COMING ON FOR ORDERS THIS
DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
D.H.WAGHELA, C.J. (Oral) :
1. The appellants herein have preferred the appeal from order dated 23.11.2012 of learned Single Judge of this Court whereby challenge to the order dated 6.9.2011 of the State Government refusing to regularize their services has been negatived with a direction to reconsider the matter as far the candidates who would have fulfilled the norms stipulated in the M.L.Kesari's case [State of Karnataka and others vs. M.L.Kesari - (2010) 9 SCC 247].
2. Emphasizing the peculiar facts, learned Senior Counsel Mr.P.S.Rajagopal submitted that the appellants have been working in the Fast Track Courts established pursuant to various notifications since the year 2000-2001 and they have been regularly appointed against clear vacancies and on the basis of requisite qualification possessed by them. Many of the appellants have completed around ten years of service but they have been treated to be in service on contract basis and not in the regular cadre with appointments under the recruitment rules. There is no dispute about the fact that the 18 establishment of Fast Track Courts was a temporary measure and a decision is taken to abolish some of Fast Track Courts by 31.03.2013 and to close down the remaining Fast Track Courts by the year 2015. The employees and ministerial staff appointed exclusively for the Fast Tract Courts could not be continued in service.
3. It was however pointed out by the learned counsel for the appellants that several other States facing a similar situation have taken a decision to regularize service of such staff by framing appropriate rules or necessary amendments and a similar stand was required to be taken in the State of Karnataka in view of the peculiar situation which has arisen on account of abolition and/or closure of the Fast Track Courts. It was also submitted that, a substantial number of new Courts are proposed to be opened in the State of Karnataka and subject to the condition of the appellants fulfilling requisite qualification and requirement except the requirement of age limit, they could be considered for absorption in regular services of the ministerial staff in the subordinate courts. It was also submitted that the appellants having actually served for a number of years as part of the ministerial staff of the Fast Track Courts, the number of years of service put in by 19 them may be considered for relaxation of the age limit for being considered for fresh appointment as and when staff in the same category is to be recruited for the purpose of filling up new posts.
4. Learned Principal Government Advocate fairly conceded the fact that the impugned order is not called into question by the respondent-State Government and therefore, in any case it is required to comply with the direction to reconsider the matter.
5. While reconsidering the claims of the appellants, the Government may as well take into account the fact of continued service of the appellants and the requirement of experienced staff in the Courts to be newly opened as part of expansion of the existing establishment of the Civil and Criminal Courts in the State. Therefore, at this stage, it may suffice to observe that, while reconsidering the matter in terms of the impugned order, the Government will consider the group of the appellants as a separate and different class and on that basis may as well consider their claim for relaxation of the age limit by the number of years of service already put in by them in the Fast Track Courts for the purpose of their recruitment/absorption/re-appointment in the same cadre in which they have been serving. Subject to these 20 observations, the appeals are disposed without interfering with the impugned order.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Sk/-