Legal Analysis in Promotion Dispute

Explore the comprehensive legal analysis provided by the High Court in a recent case revolving around promotions in the judiciary. The court meticulously examined the selection processes, reviewed past decisions, and clarified the intricacies of the law concerning the dispute. Dive into this enlightening legal analysis that sheds light on the complexities of judicial appointments and promotions.

Facts

The High Court filed an affidavit in the matter of Malik Mazhar Sultan and others vs U.P. Public Service Commission.
The State Government passed a formal order on 21.04.2010 based on recommendations by the High Court for the promotion of 47 Judicial Officers.
The matter was reconsidered by the Committee on 12.04.2010 and 13.04.2013.
Direct recruits and officers through LCE were appointed on 15.07.2013, more than three years after the promotion of the 47 Judicial Officers.
The Review Petitions argue that all 47 Judicial Officers and the direct recruits appointed in 2013 were part of the same selection process hence the cyclic order should have been implemented.
The Court held that the promotions in 2010 and the appointments in 2013 were not part of the same selection process.
Reference was made to the decision in K. Meghachandra Singh v. Ningam Siro which overruled the decision in Union of India v. N.R. Parmar.
Certain observations made in the judgment were claimed to be without basis and contrary to the record.
The events leading to the promotions were discussed in detail.
Persons entering the cadre earlier were found to be rightly placed senior to candidates selected later.
No grounds in the Review Petitions justify interference.
No orders on Miscellaneous Applications were called for in the judgement.
Registry directed to issue corrigendum and correct error in paragraph 7.
Claim on behalf of direct recruits based on the decision in Parmar was rejected.
Recommendation for promotion of 47 Judicial Officers to Additional District and Sessions Judges was made.
This aspect was noticed in paragraph 41.3 of the Judgment under review.

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Analysis

There is a typographical error in paragraph 15 regarding the date the matter was taken up by the Full Court.
In K. Meghachandra’s case, promotees entered the relevant grade in March 2017, while direct recruits were appointed in August and November 2007.
As per the reviewed judgment, many direct recruits were not eligible for consideration at that time.

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