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september 2011

Supreme Court of India · 2011-09-22

HIGH COURT OF JUDICATURE, PATNA vs SHIVESHWAR NARAYAN

Citation / case number
SC 2005/17822
Court
Supreme Court of India
Petitioner
HIGH COURT OF JUDICATURE, PATNA
Respondent
SHIVESHWAR NARAYAN
Author
R.M. LODHA
Bench
JAGDISH SINGH KHEHAR R.M. LODHA

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the communication dated July 30, 2003, which denied the Judicial Officer an extension of service beyond the age of 58 years. The Court reiterated the principles established in All India Judges' Association v. Union of India (1993) 4 SCC 288, emphasizing that the extension of service to 60 years is not automatic and depends on the evaluation of the officer's potential for continued useful service. The Court directed the High Court to re-evaluate the Judicial Officer's case for extension, thereby reinforcing the need for a fair assessment process under Article 14 of the Constitution.

HIGH COURT OF JUDICATURE, PATNA vs SHIVESHWAR NARAYAN · Niyam