L.NAGESWARA RAO, J. - (1.) Writ Petition (C) No. 675 of 2018 has been filed for quashing the amendment made on 08.06.2005 to Madhya Pradesh Uchchtar Nyayik Sewa (Bharti Tatha Seva Sharten) Niyam, 1994 and for quashing the order dated 27.10.2015 by which the High Court of Madhya Pradesh determined the inter-se seniority of direct recruited and promotee District Judges through a Limited Competitive Examination (for short, 'the LCE). Further, the Petitioners sought a direction to the Respondent Nos.1 and 2 to give effect to the provisional gradation list dated 04.09.2007. The relief sought in Writ Petition (C) No. 997 of 2020 is for quashing Rule 11 of the Madhya Pradesh Higher Judicial Services (Recruitment and Conditions of Service) Rules, 2017 (for short, 'the 2017 Rules'). Another relief sought in the said Writ Petition is to direct the Respondents to give retrospective effect to the 2017 Rules. The Petitioners in both the Writ Petitions were directly recruited as District Judges to the Madhya Pradesh Higher Judicial Services. As the issues that arise in the Writ Petitions are the same, both the Writ Petitions are disposed of by a common judgment.
(2.) The Petitioners in Writ Petition (C) No. 675 of 2018 were appointed as District Judges (entry level) by direct recruitment on 10.09.2009. A provisional gradation list of the District Judges was issued by a notification dated 15.02.2010. In the said provisional gradation list, the Petitioners were shown as seniors to those District Judges who were promoted through LCE. A representation was made on behalf of the District Judges promoted through LCE for altering the gradation list and showing them as seniors to the direct recruits. The Administrative Committee accepted the representation and resolved to give seniority to three promotees through LCE over direct recruits. On 18.05.2013, the Full Court accepted the recommendations of the Special Committee for granting seniority to the District Judges promoted through LCE over direct recruits. Thereafter, the Special Committee constituted for considering the inter-se seniority of judicial officers undertook the issue afresh in the light of Rule 11 of the Madhya Pradesh Higher Judicial Services (Recruitment and Conditions of Service) Rules, 1994 (for short, 'the 1994 Rules') and resolved to recommend that the District Judges who were promoted through LCE on 02.09.2009 shall be given seniority over the directly recruited District Judges who were appointed on 10.09.2009. This decision was taken on the basis that the seniority between direct recruits and promotees shall be determined in accordance with the date of appointment. The recommendation made by the Special Committee was accepted by the Administrative Committee on 13.10.2015. The Full Court approved the recommendation made by the Special Committee regarding the inter-se seniority of the District Judges. Consequently, the seniority list was issued on 27.10.2015 on the basis of the Full Court resolution. The main grievance of the Writ Petitioners pertains to the order dated 27.10.2015 by which the seniority list was issued showing the Petitioners below the District Judges who were promoted through LCE in the year 2009.
(3.) The brief facts in Writ Petition (C) No. 997 of 2020 are that the Petitioner was appointed as a District Judge (entry level) in the direct recruitment to the Higher Judicial Services in the State of Madhya Pradesh on 27.05.2008. He preferred representations between 02.08.2010 and 31.05.2014 for determination of seniority on the basis of 40 point roster, as per the directions of this Court in All India Judges' Association and Ors. vs. Union of India and Ors, (2002) 4 SCC 247. The representations preferred by him were rejected on 11.09.2019 on the ground that the 2017 Rules came into force with effect from 13.03.2018 and are prospective in operation. The Petitioner was informed that the roster for determining the inter-se seniority of the District Judges shall be implemented after 13.03.2018.;