9. CIVIL JUDGES (SENIOR DIVISION) - WHETHER IT SHOULD BE MIXED CADRE OR PURELY PROMOTIONAL CADRE?

 

9.1 Generally, the Civil Judge (Senior Division) is a promotional post to Civil Judge (Junior Division). But in the State of Gujarat , it is a mixed cadre consisting of promotees and direct recruits. 50% of the cadre post is earmarked for promotion and the remaining 50% is filled up by direct recruitment from the practising advocates of not less than 5 years standing.

9.2 In Goa Administration also, Civil Judge (Senior Division) is a mixed cadre, but the percentage earmarked for promotees and direct recruits is different. For promotees, 67% of the cadre posts is reserved and the remaining 33% is filled up by direct recruitment from advocates of not less than 5 years standing.

9.3 In all other States and Union Territories , the cadre is purely a promotional one.

9.4 Those States which are having a mixed cadre are in favour of continuing their system. Likewise, the rest of the States do not want a change in the structure of their existing cadre, save the High Court of Himachal Pradesh and Government of Meghalaya.

9.5 The High Court of Himachal Pradesh has stated that to promote efficiency, the composition of the middle cadre should be 25% by direct recruitment and 75% by promotion.

9.6 Government of Meghalaya is of opinion that the cadre of Civil Judges may be mixed cadre to the extent of not exceeding 25% by direct appointment.

9.7 The High Court of Bombay adds a rider stating that it should be purely a promotional cadre but the discretion may be left to the High Court by making an enabling provision conferring power on the authority to make direct recruitment in exceptional emergent circumstances.

 

9.8 Naturally, all Judicial Officers€ Associations of every State have categorically stated that the cadre of Civil Judges (Senior Division) should be filled up only by promotion from the Civil Judges (Junior Division).

9.9 Among the retired Judges, Justice K. Ramaswamy, Former Judge of the Supreme Court has stated that it is desirable to keep the Civil Judge (Senior Division) as a promotional cadre, but if there is any recruitment directly from the Bar, it should not be more than 20%.

9.10 Sri P.P. Rao, Senior Advocate of the Supreme Court has also favoured the mixed cadre consisting of 50% direct recruitment and 50% promotees.

9.11 Justice Ranganatha Misra, Former Chief Justice of India is totally opposed in making the cadre of Civil Judges (Senior Division) the mixed cadre.

RECOMMENDATION BY THE COMMISSION :

9.12 While examining the problem presented, as to whether the cadre of Civil Judges (Senior Division) should be a mixed cadre or not, we have to bear in mind the decision taken by the Commission as to the nature of the cadre of District Judges. The Commission has decided that it should be mixed cadre. The Commission has rejected the vociferous demand of the service judges to reserve it exclusively for promotees.

9.13 The question now to be examined is whether it is proper to make the middle cadre also a mixed cadre. It is true that the mixed cadre may promote efficiency in the service, but while attempting to promote efficiency, we should not create frustration amongst the service judges for want of adequate promotional opportunity.

9.14 Generally, in every State, the posts of Civil Judges (Senior Division) are comparatively very much less than the posts in the Civil Judges (Junior Division). In some States, it is less than half. In some States, it is less than 1/3rd and in one or two States, it is less than 1/4th.

9.15 Hereinbelow, the chart giving the number of posts in the cadre of Civil Judges (Junior Division) and Civil Judges (Senior Division):

Sl. No.

State

Civil Judge (Jr. Dn.)

 

Civil Judge (Sr. Dn.)

1.

Andhra Pradesh

433

 

122

2.

Assam

146

 

46

3.

Bihar

1043

 

266

4.

Goa

20

 

14

5.

Gujarat

290

 

167

6.

Haryana

 

178*

 

7.

Himachal Pradesh

 

70*

 

8.

Jammu & Kashmir

51

 

42

9.

Karnataka

330

 

167

10.

Kerala

229

 

81

11.

Madhya Pradesh

422

 

251

12.

Maharashtra

717

 

163

13.

Manipur

19

 

6

14.

Meghalaya

3

 

2

15.

Mizoram

26

 

11

16.

Nagaland

5

 

7

17.

Orissa

261

 

70

18.

Punjab

 

213*

 

19.

Rajasthan

315

 

144

20.

Sikkim

6

 

2

21.

Tamil Nadu

399

 

96

22.

Tripura

45

 

10

23.

Uttar Pradesh

721

 

529

24.

Pondicherry

10

 

5

25.

NCT of Delhi

 

218*

 

26.

West Bengal

337

 

206

* Inclusive of both Civil Judges (Jr. & Sr. Dn.)

9.16 With these respective cadre strengths, in almost all the States, the Civil Judge (Junior Division) has to wait for about 10 years to get first promotion to the cadre of Civil Judges (Senior Division).

9.17 In States like Kerala, Rajasthan , Sikkim , Uttar Pradesh and West Bengal , no Civil Judge (Junior Division) gets the first promotion till he completes 10 years of service.

9.18 In Bihar , such unfortunate Civil Judges (Junior Division) have to wait nearly 20 years to get such promotion.

9.19 In Jammu & Kashmir, Maharashtra and Tamil Nadu, the position seems to be slightly better. Civil Judges (Junior Division) in these States could generally get promotion after about 8 years of service.

9.20 In Gujarat , having regard to the mixed cadre of Civil Judges (Senior Division), first promotion to the Civil Judge (Junior Division) would be available to him only after 11 to 12 years.

9.21 In these circumstances, whether it is prudent to make the Civil Judges (Senior Division) a mixed cadre for promotees and direct recruits? Even in States where the Civil Judges (Senior Division) is a mixed cadre of promotees and direct recruits, it would be frustrating for Civil Judges (Junior Division) to wait for first promotion for about 10 years. If that cadre is made a mixed cadre, it would further diminish the promotional opportunity available to the Civil Judges (Junior Division) which according to us is not in the interest of promoting efficiency.

9.22 We, therefore, fully concur with the views expressed by the Judicial Officers€ Associations all over the country and some of the High Courts as indicated above.

9.33 We recommend that the cadre of Civil Judges (Senior Division) should be constituted purely as promotional cadre.

9.34 We, however, hasten to add that there should be a minimum eligibility for Civil Judge (Jr. Divn.) for being considered for promotion to Civil Judge (Sr. Divn.). Having regard to the rights, duties and responsibilities of the Civil Judge (Sr. Divn.), we consider that the minimum experience of five years as Civil Judge (Jr. Divn.) is a must for earning eligibility for promotion as Civil Judge (Sr. Divn.). We have also included this principle in the draft 'JUDICIAL SERVICE RULES' which is annexed to our Report.

 

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