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february 2002

Supreme Court of India · 2002-02-20

Maharashtra State Judl. Service Assn. & ... vs High Court Of Judicature At Bombay And ...

Citation / case number
AIR 2002 SUPREME COURT 1181
Court
Supreme Court of India
Petitioner
Maharashtra State Judl. Service Assn. & ...
Respondent
High Court Of Judicature At Bombay And ...
Author
S.N. Phukan
Bench
S.N. Phukan

Judgment text excerpt

The Supreme Court addressed the inter se seniority dispute between promotee District Judges and those appointed by nomination in Maharashtra, under Article 32 of the Constitution. The Court held that the seniority of nominated District Judges is to be reckoned from their appointment date, while promotee District Judges' seniority is from their promotion date, referencing the Bombay Judicial Service Recruitment Rules, 1956, and the precedent set in Balasaheb Vishnu Chavan v. State of Maharashtra, 1984 (2) SCC 675. The Court declined to direct promotees to approach the High Court first, affirming its jurisdiction under Article 32 to resolve the matter directly.

Maharashtra State Judl. Service Assn. & ... vs High Court Of Judicature At Bombay And ... · Niyam