The Supreme Court refers to the stagnation of career of low judicial officers for the 5-Judge Bench

The Supreme Court on Tuesday referred to issues related to the career stagnation faced by the lower judicial officers across the country for the bench of the five-judge constitution.

A bench, including Chief Justice Bry and Vinod Chandran of Justice, passed a reference order, hearing a petition filed by the All India Judge Association on issues related to the conditions of service, pay scale and progress of judicial officers.

CJI noticed that a comprehensive solution is required to address the limited publicity avenues available to those who join the judiciary on entry-level posts.

The bench said that many high courts and state governments had expressed views of deviation in their reactions for notices issued by the Supreme Court on the issue.

The CJI said, “Some high courts have taken an idea that due to the prevailing situation, which judges initially enter service as a civil judge, Junior Division is not in a position to reach the post of District Judges,” CJI said.

The bench noted the “discrepant situation” prevalent in many states, where judicial officers who begin their careers as Judicial Magistrate First Class (JMFC), often retired without retiring the post of Principal District Judge (PDJ), reach the High Court bench alone.

However, senior advocate R Basant, representing the opposite approach, opposed the proposal, saying that such a step would incorrectly damage the meritorious candidates who aspire for direct recruitment as district judges.

During the hearing, CJI accepted the concerns raised by both sides, but emphasized the need to attack a proper balance.

“A young judicial officer who enters service at the age of 25 or 26 and retires only as an additional district judge, will naturally feel some kind of heart,” the CJI said.

He said, “Some kind of balance is needed, some middle route, so that the efficiency of the administration of justice is increased.”

“In any case, to relax the entire controversy and to provide a permanent solution, we are of the idea that the issue is considered by a constitution bench with a bench meeting with five judges,” the bench saw. CJI said that the final concern is to ensure the efficiency of the administration.

He recalled an anecdote shared by Justice Sundarash about the clerk of his law, which joined the judicial service but resigned after two years, as there were limited promotion opportunities.