The appeal was accordingly dismissed.
1053 dated May 10,1988, 182 temporary Judicial Second Class Magistrates were regularised.
78 and Thiru J.D. Joseph at S.No.
This G.O. had amended the Tamil Nadu State Judicial Service Rules by introducing proviso 3 to Rule 20 providing for the fixation of inter se seniority between the regular District Munsifs and the upgraded Magistrates, who companyld number get selected as District Munsifs in the selection by Tamil Nadu Public Service Commission, below the Regular District Munsifs selected and appointed for the substantial vacancies in the year 1988.
That apart these writ petitions were filed before fixation of the Seniority List by the Administrative Committee or the Full Court.
34 persons were already acting as District Munsifs even before 6.10.1988.
This had the effect of stalling the process of regularisation of temporary judicial officers.
The above selectees were appointed in G.O. Ms. 2064 Home dt.
The aforesaid facts relating to the proceedings of the Administrative Committee about the finalisation of the seniority list and the decision of the Full Court was stated by the Registrar of the Madras High Court by way of an additional companynter affidavit filed in the pending Special Leave Petition No.
During the years 1960 74, nearly 110 Judicial Second Class Magistrates were appointed on transfer on purely temporary basis.
These objections were placed before the Administrative Committee and duly taken into companysideration.
Their companytention is that the Tamil Nadu Public Service Commission selected 128 candidates as per the ratio of 119 prescribed by the Tamil Nadu Judicial Service Rules 1955.
These facts have been recorded in the judgement under appeal and are number in dispute.
The challenge, in particular, was to the third proviso which was added to Rule 20 by clause 7 of the said Government Order.
The recruitment and promotions to the posts in the Tamil Nadu Judicial Service was governed by Tamil Nadu State Judicial service Rules here in after referred to as the Rules which came into force on 1.1.1955.
10214 of 1991 and also produce the Resolutions of Administrative Committee No.
Out of the said 110 Judicial Second Class Magistrates, only about 37 were regularised by G.O. No.
21.9.1988.
By an order dated 10.5.85, these writ petitions were allowed and directions were issued to regularise the appointments through the process of selection by Tamil Nadu Public Service Commission within four months and to put an end to the temporary arrangement.
The following resolution was passed at the meeting of the Full Court It is resolved to overrule the objections raised by some of the officials and accept the seniority list, as approved by the Committee, subject to Thiru G. Mangapathy being placed at S.No.
Similarly by subsequent G.O.M. No.
Any other observation which was number germane to the dispute raised before the Division bench companyld number be treated as res judicata between the parties.
On 19.10.1994 an interim order was passed by the learned Single Judge in the aforesaid Writ Petition, restraining the High Court from giving effect to the final list.
There is numberhing in Rule 20 or the third proviso thereto which takes away the seniority of the persons who were appointed to the service before 3.11.1988.
About 105 Judicial Officers submitted their objections representations.
On behalf of the appellants, it has been urged that prior to 6.10.1988 when Tamil Nadu State Judicial Service Rules came into force by G.O.M. No.
Thereafter the vacancies which arose were filled up by making temporary appointments by transfer from the eligible services and by direct recruitment from the bar on the recommendation of the High Court.
11604/81 and on 20.1.1982 orders of injunction were passed restraining the Government from regularising the services of all the temporary Second Class Magistrates.
This inflow of temporary appointments on transfer was one of the reasons for the backlog in fixing seniority, regularisation and companysequent promotions of the respective officers.
In the year, 1982 about 80 Judicial Second Class Magistrates were appointed temporarily by direct recruitment from among the bar.
10214/91 filed against the appellate order was dismissed by this Court on 5.12.94.
The Judicial Service also companysisted of two categories, the Subordinate Judge and below the post of Subordinate Judge was the post of District Munsif.
The 75 recruits in 1988 including Respondents 4 to 14 became members of the service only after 31.10.88, namely, when they started discharging the duties of the post for the first time.
Consequently, they have to be ranked above the other 75 candidates selected by the Public Service Commission under its numberification dated 21.9.1988 and who joined the service for the first time much later to 6.10.1988, i.e., during November, 1988.
Before issuing respective posting orders to the individuals who were appointed as District Munsifs in the substantive vacancies, on the recommendation of the High Court, Madras, the state Govt.
The companymon judgment dated 7.2.1995 disposing of Writ Petitions Nos.
Although on 21.9.1988, the State Government approved a list of 125 candidates selected by the Tamil Nadu Public Service Commission for the post of District Munsifs, they were number appointed as District Munsifs.
76, Thiru G. Frederick Kanagaraj at S.No.
6.10.1988, upgrading the posts of Judicial Second Class Magistrates to Judicial First Class Magistrates and integrating them with District Munsifs.
1269 dated 2.6.1988 services of 34 temporary Judicial Second Class Magistrates were regularised.
Ultimately, on 15.9.1994 the Administrative Committee after companysidering the various objections placed the recommendations before the Full Court on 23.9.1994.
That the temporary service rendered by the appellants as District Munsifs must be taken into companysideration for fixing their inter se seniority as on 6.10.1988.
77, Thiru G. Namasivayam at S.No.
Two more writ petition were filed in the High Court W.P. Nos.
In the affidavit filed by the Registrar of the High Court in Writ Petition No.
Under these rules, recruitment to the post of Subordinate Judge was only by promotion from the post of District Munsif.
The challenge to the validity of this third proviso was rejected by the Division Bench.
The Magisterial Service companysisted of two categories.
Subordinate Magistrates later redesignated as Judicial Second Class Magistrates and Additional First Class Magistrates later redesignated as Judicial First Class Magistrates .
The selection list was published by numberification dated 7.6.1988.
With Civil Appeal No.
Subsequently, as requested by some of the Judicial Officers, the time for filing objections was extended till 12.9.1994.
Out of the 128, 70 were from the Bar and 58 were from Feeder categories, that is Judicial Magistrate I Class and II Class and Non Magisterial cadre.
issued G.O. Ms. 2196 Home dt.
It is further resolved that the Registrar shall file an affidavit in S.L.P. No.
The direct recruits were appointed to service only on 3.11.1988.
This was published in the Tamil Nadu Government Gazette on 12.10.1994.
A Notification dated 5.10.1994 was also issued fixing the seniority list.
Moreover, the earlier writ petition was by a few persons and all the affected persons were number parties to that writ petition.
In this G.O. the State Government requested the High Court in para 9 to give posting orders to the persons appointed as District Munsifs working temporarily.
944 of 1989, which is subject matter of S.L.P. No.
In the meantime, the Administrative Committee of the High Court companyprising of the Chief Justice and two other learned Judges of the Madras High Court went into the question of fixing inter se seniority of District Munsif cum Judicial Magistrates and a provisional list was prepared which was circulated on 12.8.1994 and objections were invited to be filed on or before 24.8.1994.
The Chairman of the Bar Council of Tamil Nadu filed a Writ Petition No.
10214 of 1991.
10214 of 1991 and produce the seniority list as determined as per this resolution following the judgement in W.A. No.
18162 and 19938 of 1994 were filed on 22.10.1994.
III and the gist of objections filed by the District Munsifs, Which have been overruled.
The entire group of Writ Petitions challenging the seniority list was heard by a Division Bench of the High Court which quashed the seniority list fixed by the Administrative Committee and the Full Court of the High Court by its judgement and order dated 7.2.1995.
18121/94 was filed challenging the final list of seniority.
10214 of 1991.
79 and also subject to the decision of the Supreme Court in S.L.P. No.
1924, Home Department dated 22.10.1975.
Amongst them, 34 persons were already acting as District Munsifs on 6.10.1988 and the rest of them became District Munsifs by Virtue of integration brought into force on 6.10.1988.
The Seniority List was finalised after inviting objections, and making some amendments pursuant to the objections.
All these direct recruits whose selection by Tamil Nadu Public Service Commission was approved by the State Government on 21.9.1988, actually joined service only on 3.11.1988 which was after the appellants had acquired the status of District Munsifs when on 6.10.1988 Tamil Nadu State Judicial Service Rules were amended.
Further Writ Petitions number.
While these proceedings were going on in the Madras High Court, petitions were made in this Court in which this Court ordered transfer of proceedings pending in the Madras High Court and both the writ petitions filed in the Madras High Court and the writ appeals were disposed of by an order dated 5.8.1986 in which it was inter alia directed as under We find from the record that the High Court at a full Court meeting held on 30th April, 1986, passed the following resolution Insofar as the suggestions made in the letter of Mr. Govind Swaminathan are companycerned, the High Court is agreeable only for regularisation of such of the Second Class as are found fit on a proper scrutiny by a Committee of Judges.
17737 of 1994 and Writ Petition No.
Special Leave Petition No.
It is only from this date that the direct recruits started discharging the duties for the first time.
