SC: Seniority of ADJs selected through LCE to be based on merit in LCE

The Hon’ble Supreme Court, on 29th April 2020, in the matter of Dinesh Kumar Gupta and others v. High Court of Judicature of Rajasthan others pronounced that the inter se placement of candidates selected to the Cadre of District Judge in the State through LCE / Limited Competitive Examination, in the seniority list must be based on their merit in said examination and not on the basis of the seniority in the erstwhile cadre.

The Hon’ble Supreme Court observed that:

Whether the judicial officers promoted on ad-hoc basis as Additional District and Sessions Judges to man the Fast Track Courts in the State and who were substantively appointed to the Cadre of the District Judge, are entitled to seniority from the date of their initial ad-hoc promotion?

No, the reckonable date has to be the date when substantive appointment is made and not from the date of the initial ad-hoc appointment or promotion. (Para 39)

Whether the inter se placement of candidates selected to the Cadre of District Judge in the State through Limited Competitive Examination, in the seniority list must be based on their merit in said examination or should it be based on their initial seniority in the erstwhile cadre?

Inter se placement of the candidates selected through LCE must be based on merit and not on the basis of the seniority in the erstwhile cadre. (Para 42)

Copy of judgement: Judgement_29-Apr-2020

-Adv. Tushar Kaushik

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