All of them were first posted as Assistant Judges as per the proviso to Rule 5 2 i b of the Rules.
Appeal by Special leave from the Judgment and Order dated the 30th July, 1982 of the Bombay High Court in writ petition No.
1800 100 2000 in the cadre of District Judges with effect from the Ist July, 1962.
The Junior Branch companysists of the following Class I Officers i Judges of the Small Causes Courts at places other than Bombay, ii Civil Judges Senior Division , Judges of the Small Causes Court at Bombay and Metropolitan Magistrates and iv Civil Judges Junior Division and Judicial Magistrates of the First Class.
The seniority of the appellant in the cadre of District Judges was fixed on the basis of his actual appointment as District Judge in April, 1973.
900 50 1000 60 1600 50 1800.
435 of 1983.
The Judgment of the Court was delivered by VENKATARAMIAH, J, The two questions urged in this appeal filed against the judgment of the High Court of Bombay are whether the appellant is entitled to reckon for purposes of his seniority in the cadre of District Judges the period during which he had worked as an Assistant Judge in accordance with the proviso to sub clause b of clause of sub Rule 2 of Rule 5 of the Bombay Judicial Service Recruitment Rules, 1956 hereinafter referred to as the Rules and whether the appellant is entitled to get the salary and allowances in the selection grade scale or to be posted as an Inspecting Judge.
1800 100 2000 with effect from July 1, 1962.
On February 19, 1973, the appellant was appointed to officiate in the cadre of District Judges.
Chief Judge of the Small Causes Court, Bombay, iv the Chief Presidency Magistrate and the Additional Chief Presidency Magistrate, Bombay and the Assistant Judges.
V. Sawant, M. N. Shroff, S. M. Shah and P. Sankara Narayana for the Respondent.
The Senior Branch companysists of i District Judges, ii the Principal Judge and Judges of the Bombay City Civil Court, the Chief Judge and the Addl.
63 of 1982.
The Metropolitan Magistrate, Juvenile Court, Bombay is also a member of the Maharashtra Judicial Service.
This claim of the appellant has been rejected by the High Court.
The Judicial Service of the State of Maharashtra companysists of two branches namely, i the Junior Branch and ii the Senior Branch.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
This appeal by special leave is preferred against the judgment of the High Court.
Dayaram Asanand Gursahani Appellant in person.
Ultimately five persons were selected and appointed as Assistant Judges by numberification issued on January 2, 1967 and the appellant was one of them.
Both the companytentions were negatived by the High Court in a writ petition filed under Article 226 of the Constitution.
The scale of pay of District Judges prior to July 1, 1962 was Rs.
In response to a numberification inviting applications for the purpose of recruiting members of the Bar directly as District Judges under Rule 5 2 i b of the Rules, the appellant made an application for companysidering his case also for recruitment as a District Judge.
He was companyfirmed as a District Judge with effect from August 1, 1975 as per numberification No.
The appellant was enrolled as an advocate on December 14, 1951.
A 1274/75 dated December 9,1975.
