TELANGANA JUDGES ASSOCIATION & ANR. versus UNION OF INDIA & ORS.

Citation: [2018] 13 S.C.R. 176 · Decided: 03-10-2018 · Supreme Court of India · Bench: A.K. SIKRI · Disposal: Leave Granted & Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2018] 13  S.C.R.
TELANGANA JUDGES ASSOCIATION & ANR.
v.
UNION OF INDIA & ORS.
(Writ Petition (C) No. 85 of 2015)
OCTOBER 03, 2018
[A. K. SIKRI AND ASHOK BHUSHAN, JJ.]
Judiciary: Subordinate judiciary – Recruitment process –
Allocation of subordinate judicial officers to the different cadres in
two States-State of Andhra Pradesh and State of Telangana – Draft
guidelines by respondent no. 1 whereby allocation shall be done in
the order of seniority as available on 02.06.2014 and preference
shall be given first to those who have applied for the State in which
the District declared by them at the time of entering service falls –
After consideration, submission of modified guidelines by the High
Court – Approval of the principles of allocation and officers to be
considered for allocation in the following order, those who have
opted and are senior; those who have opted for the State in which
the district declared by them at the time of entering service falls;
and if allocable posts still remain then allocation to be done in the
reverse order of seniority – Petitioners’ case that draft framed by
respondent no. 1 protected the interest of Judicial Officers of
Telangana whereas modified guidelines by the High Court are
prejudicial to the rights of the Judicial Officers of the State of
Telangana – Held: When for entering into Judicial Service, no
condition can be put regarding residence of particular area for
allocation of a State, consequent to Act, 2014, nativity cannot be
sole basis – Judicial Officers belonging to Telangana territorial
area may have desired or expectation to choose or to opt for their
cadre in Telangana area, which is a legitimate aspiration, but giving
pre-dominance to nativity only is not spelled from any statutory
provision or scheme – Aspiration of petitioners that no senior
officer, should come to State of Telangana, which may mar their
prospect of promotion is neither in accord with the constitutional
scheme nor as per ethos of culture of this country – High Court
while formulating the guidelines has tried to balance the right of
option of each Judicial Officer – All the Judicial Officers belonging
to Telangana State have opted and allocated the Telangana State –
[2018] 13  S.C.R. 176
176
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Thus, the Modified guidelines does not suffer from any illegality or
error – Said guidelines is to be accepted and approved – Authorities
directed to finalise options of all the Judicial Officers as per the
modified guidelines and complete the process of allocation within
the stipulated period – Andhra Pradesh Re-organisation Act, 2014
– ss. 77 and 80 – Constitution of India – Art. 371D.
Disposing of the matters, the Court
HELD: 1.1 For preparing guidelines for allocation of the
Judicial officers, the views of the High Court are not to be ignored
and the Union of India, Department of Personnel & Training, has
rightly given due weight to the views of the High Court for
allocation. However, the scheme of the Andhra Pradesh Re–
organisation Act, 2014 indicates that final allocation Order is to
be issued as per the statutory provisions, by the Central
Government. The coverage of Section 77 is “Every person who
immediately before the appointed day is serving on substantive
basis in connection with the affairs of the existing State of Andhra
Pradesh...” The coverage of Section 77 is in very wide term which
includes every person who is serving in connection with the affairs
of the existing State. There can be no denial that Judicial Officers
working in the Sub-ordinate Judiciary are serving in connection
with the affairs of the existing State. Thus, there cannot be any
denial that Section 77 also clearly covers the sub-ordinate
judiciary of the State and final allocation Order has to be issued
by the Central Government after due consultation with the High
Court. [Para 39][203-D-F]
1.2 The High Court in preparing draft guidelines and
thereafter issuing modified guidelines for allocation of cadre of
Judicial Officers was well within its jurisdiction and its views
required due weight in giving effect to the provisions of Section
77 of the Act. Section 80 expressly indicates that in carrying
exercise by the Central Government as contemplated under
Section 77, there has to be fair and equal treatment to all persons
affected by the provisions of Part VIII of the Act. The guidelines
for allocation of cadre should ensure fair and equal treatment
to all persons affected

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