JOHN K. ILLIKKADAN Vs. STATE OF KERALA

JUDGEMENT

(1.) All these Writ Petitions relate to the revision of seniority of District Judges. The petitioners in all these Writ Petitions got appointment as District Judges by transfer from Sub Judges/Chief Judicial Magistrates in Kerala Judicial Service. All of them are aggrieved by the orders issued on the representations submitted by directly recruited District Judges, by which the seniority assigned to them is revised and re-fixed placing them below the directly recruited District Judges appointed on the basis of notification issued on 16.04.2007.

(2.) The petitioners in WP(C).No.40046 of 2017 are challenging the seniority assigned to all the 4 directly recruited District Judges appointed pursuant to the notification issued on 06.04.2007. The petitioners in the other two Writ Petitions are aggrieved by the seniority assigned to Sri. Jayachandran, one among the 4 directly recruited District Judges, who is the 6th respondent in W.P.(C) No.40046 of 2017 and the 3rd respondent in the other two Writ Petitions, placing him above them. In all the three cases the grievance is over the decision of the Administrative Committee of the High Court and the consequential revision of their seniority. The brief facts leading to the Writ Petition in each of the cases, as stated in the respective writ petitions are given below. WP (C) No.40046 of 2017

(3.) Petitioners commenced their services as Munsiffs in the Kerala Judicial Service. On further promotions, they were appointed as District Judges as per Exts.P3 and P4 orders issued by the Governor on 29.5.2007 and 16.05.2008 respectively and they joined as District Judges on 06.07.2007 and 30.05.2008 respectively. Exts.P3 and P4 orders were issued based on the recommendations of the High Court, which forwarded a panel of Sub Judges/Chief Judicial Magistrates and it was stated therein that the appointments were made without prejudice to the claim of the candidates to be recruited directly from the Bar under Rule 2(b) of Kerala State Higher Judicial Service Rules, 1961 (hereinafter referred to as 'Special Rules').