- (1.) ALL the petitioners were appointed to the post of Munsifs in the year 1980 to 1983. They were promoted to the post of Sub -Ordinate Judges in between 1998 and 1999. On the basis of the recommendation dated 20.10.2001, the petitioners were promoted and appointed as Additional District and Sessions Judges on ad hoc basis by virtue of the notification dated 14.12.2001. Next day, i.e. on 15.12.2001, respondent Nos. 4 to 20 were directly recruited to the post of Additional District and Sessions Judges. On 6.9.2002, High Court issued provisional list of seniority of the Judicial Officers showing the petitioners senior to the respondent Nos. 4 to 20. Thereafter on 29.11.2002, High Court issued a revised working list of Officers inviting objections from the Judicial Officers with regard to their inter se seniority. On 29.7.2003, the final seniority list was published showing the respondent Nos. 4 to 20 as senior to the petitioners even though they were shown as senior to the respondent Nos. 4 to 20 in the first seniority list dated 6.9.2002 and despite objections raised by the petitioners.
(2.) THE prayer in the writ application is for quashing (i) the final seniority list issued and Circular No. 6100 -40/Apptt. dated 29.7.2003, (ii) the revised working list circulated through letter No. 1826 -37/Apptt. dated 29.11.2002 and (iii) for declaring the petitioners to be senior to the respondent Nos. 4 to 20 and for consequent direction to the authorities to issue a fresh seniority list showing the petitioners senior to the respondent Nos. 4 to 20 by declaring the first seniority list issued earlier on 6.9.2002 as the final seniority list. The relevant facts, which are required to be referred to for disposal of the writ application, are as follows: The petitioners were initially appointed as Munsifs in between 1980 and 1983. Thereafter all the petitioners were promoted to the post of Sub -Judges in the year 1998 and 1999. After creation of the State of Jharkhand, all the petitioners were allotted the cadre of the State of Jharkhand and their services were transferred under the control of Jharkhand High Court. While they were serving as Sub -Judges, Jharkhand High Court, having decided to create 30 Fast Track Courts in the State of Jharkhand, recommended 20 names of Sub -Judges to the Government representing 2/3rd quota of promotees for appointment as Additional District & Sessions Judges against the vacancies created for the Fast Track Courts. Accordingly, the petitioners were promoted and appointed as Additional District & Sessions Judges by giving ad hoc promotion to 20 Sub -Judges, including the petitioners. This appointment order was issued by the notification No. 4604 -4623 dated 14.12.2001. The respondent Nos. 4 to 20 are the direct recruits and they were appointed as Additional District & Sessions Judges, vide notification No. 4650 dated 15.12.2001. Thus, the promotees were appointed as Additional District & Sessions Judges on 14.12.2001 whereas the direct recruits, the respondent Nos. 4 to 20, were appointed on 15.12.2001. Thereafter, a tentative seniority list of the members of the Jharkhand Superior Judicial Service was issued on 6.9.2002. In the said list, the petitioners were show at serial Nos. 107 to 126, whereas the names of the respondent Nos. 4 to 20 were shown in the same list at serial Nos. 127 to 143. Though objection was invited, no objection was received. However, a revised seniority list was circulated by the High Court on 29.11.2002, inviting objections with regard to their inter se seniority. In this revised seniority list, the names of the petitioners were placed below the names of the respondent Nos. 4 to 20. In the revised list, the respondent Nos. 4 to 20 were shown from serial Nos. 103 to 119, whereas the petitioners were placed at serial No. 120 to 139. The petitioners thereupon filed objections to retain their seniority position as indicated in the pre -revised seniority list dated 6.9.2002 and claimed their seniority over and above the respondent Nos. 4 to 20. However, the final seniority list came to be published by the High Court through Circular dated 29.7.2003, confirming the revised seniority list dated 29.11.2002. Aggrieved by the change of seniority, the petitioners have now filed the writ application for quashing the notification dated 29.7.2003 and the revised seniority list dated 29.11.2002 and asked for a declaration that the seniority list issued on 6.9.2002 as the final seniority list and to give a suitable direction to show the petitioners senior to the respondent Nos. 4 to 20.
(3.) WE have heard the counsel for the parties.;