- (1.) ORDER - All these I.As. can be dealt with under a common order.
(2.) IN All INdia Judge's Association v. Union of INdia, (1992) 1 SCC 119: (1991 AIR SCW 2869), when directions were sought from this Court for setting up an All INdia Judicial Service and for bringing about uniform conditions of service and perks for members of subordinate judiciary throughout the country, the following directions as mentioned in paragraph 63 (of SCC) : (Para 60 of AIR) of the said judgment were issued: (i) An All INdia Judicial Service should be set up and the Union of INdia should take appropriate steps in this regard. (ii) Steps should be taken to bring about uniformity in designation of officers both in civil and the criminal side by 31/03/1992. (iii) Retirement age of judicial officers be raised to 60 years and appropriate steps are to be taken by 31/12/1992. (iv) As and when the Pay Commission/ Committees are set up in the States and Union Territories, the question of appropriate pay scales of judicial officers be specifically referred and considered. (v) A working library at the residence of every judicial officer has to be provided by 30/06/1992. Provision for sumptuary allowance as stated has to be made. (vi) Residential accommodation to every judicial officer has to be provided and until State accommodation is available, Government should provide requisitioned accommodation for them in the manner indicated by 31/12/1992. IN providing residential accommodation, availability of an office room should be kept in view. (vii) Every District Judge and Chief Judicial Magistrate should have a State vehicle, Judicial Officers in sets of five should have a pool vehicle and others would be entitled to suitable loans to acquire two wheeler automobiles within different time limits as specified. (viii) IN-service INstitute should be set up within one year at the Central and State or Union Territory level." Review Petitions were filed seeking review of the judgment. With regard to the qualification for recruitment to judicial posts in the lower rung, it was held in All India Judge's Association v. Union of India, (1993) 4 SCC 288 : (1993 AIR SCW 3195) in paragraph 20 (of SCQ : (Para 7 at p. 3214 of AIR) as under: "It is hence, necessary that all the States prescribe the said minimum practice as a lawyer as a necessary qualification for recruitment to the lowest rung in the judiciary". This review was done on 24-8-1993.
(3.) IN I.A. 14 of 1994, the State of Kerala is the petitioner. It seeks three clarifications: (i) Whether Rule 5(3) of the Kerala Judicial Service Rules, 1991 can be retained as it is; (ii) Whether the directions contained in paras 20, 24 and 52(a) of the judgment will apply retrospectively to the service candidates who are already working as judicial officers; (iii) Five years legal practice prescribed as minimum qualification for appointment to the lowest category of judicial service namely; Munsiff Magistrates requires to be amended since Rule 10(l) prescribes five years standing for the Advocates as three years practice. I. A. No. 15 has been filed by the Kerala High Court Staff Association and others again seeking clarifications that under Kerala Subordinate Magisterial Service Rules, 1962, appointment to the cadre of Sub-Magistrate, the lowest rung in judicial hierarchy, was by transfer from among prescribed categories. These rules along with Kerala Civil Judicial Service Rules, 1973 and Kerala Criminal Judicial Service Rules, 1973 came into force with effect from 18-9-1973. Both these rules provided for appointment of service personnel to the lowest rung in each service from out of category of persons having experience in law through Courts without actually, having practice at the Bar. On and from 1-1-1992, the Kerala Judicial Service Rules integrated both the services i.e. Kerala Civil Judicial Services and Kerala Criminal Judicial Services provided for direct recruitment by transfer from among the categories like Assistant Public Prosecutor Grade I, Grade II, Assistant Registrars, Private Secretary to the Chief Justice and other officers of the High Court.;