- (1.) Application for impleadment is dismissed.
(2.) These appeals concern the subordinate judicial officials of the High Court at Madras. Having heard learned counsel, we had, on 23rd September, 1998, taken the view that, considering the facts and circumstances, the intervention of the High Court itself was required. The Chief Justice of the High Court and/or a Committee nominated by him was required to invite and consider representations by all the judicial officers concerned and hear all or such of them as might be considered necessary. The order stated: "The object of this exercise is to do what is right and equitable to the judicial service itself as also the officers concerned, for this purpose, it may not be necessary to go strictly according to the prior judgments. The High Court shall take into account the facts as many of the judicial officials have by now retired, and try to see whether those who remain in service can be accommodated in the posts that are available. It shall attempt to see that no officers who have been working in higher posts are demoted. The principal object should be to find a fair, just and equitable resolution of the proceedings. Learned counsel are agreed to the above course and have assured us that the conclusion of the Chief Justice or of the committee aforementioned shall not be disputed."
(3.) Pursuant to the aforesaid directions, a report has been submitted on 9th March, 1999 signed by the then acting Chief Justice and another learned Judge. The report states that, on overall consideration and to find a fair, just and equitable solution as required by our order, and with a view that the officers who are working already in higher posts be not to be demoted and those who remain in service be also accommodated, the following is proposed: "(1) In order to maintain respective seniority/merit, the Judicial Officers who were working as on 6-10-1988 and also selected by the Tamil Nadu Public Service Commission, totalling 31, be placed above others in dispute. (2) Other Judicial Officers who were selected by the Tamil Nadu Public Service Commission, totalling 67, be placed, according to their seniority and keeping the list intact, below the aforesaid 31 Judicial Officers. (3) However, among the remaining service candidates, Judicial Officers who are going to retire in the year 1999, on attaining the age of 60 years, will be considered as seniors and the remaining seniority list will stand intact. (4) In the alternative, it is also resolved that among 67 TNPSC selected Judicial Officers and 67 Judicial Officers whose services were regularised earlier, as per the decision of the Screening Committee constituted pursuant to the order of the Apex Court in W.P. No. 128 of 1986 dated 5-8-1986. If seniority is maintained 1:1 ratio, then the Government can be requested to create 42 supernumerary posts to accommodate more number of Service candidates." ;