MP High Court Tells Supreme Court That It Has Reinstated 4 Out Of 6 Women Judges Whose Services Were Terminated

The Supreme Court today (September 3) heard the suo motu writ petition registered regarding the simultaneous termination of services of 6 female civil judges in Madhya Pradesh. 

The bench of Justices BV Nagarathna and N Kotiswar Singh was informed that the full court bench of the Madhya Pradesh High Court reconsidered the terminations of the 6 officers and has agreed to re-instate 4 out of the 6 of them. The bench at the outset appreciated that the High Court gave due regard to its earlier request of reconsideration of the terminations. 

"We appreciate the fact that the full court has given some value to our order as opposed to what happened earlier"

Amicus Curiae Senior Advocate Gaurav Agarwal submitted that an affidavit from the High Court has been placed on record along with a sealed cover regarding the remarks for not reinstating the remaining two judicial officers. The bench said that it is yet to peruse the same.

The Court clarified that the Suo-Motu and writ petition shall be closed as far as 4 out of the 6 women judicial officers are concerned but not against the remaining two officers namely Sarita Chaudhary and Aditi Kumar Sharma who have not been reinstated by the High Court .

The bench directed that the 4 judicial officers be reinstated along with their original seniority and continuity of service and benefits, except for back wages for the period they remained terminated. 

"It is needles to observe that all these (4) officers will be getting their original seniority as stated above, they shall be granted continuity in service and all consequential benefits." 

The Court directed the reinstatement to take place expeditiously within 4 weeks from the said order. 

On the aspect of salary for the period, Justice Nagarathna opined that the principle "no work, no pay" should be folllowed.

"See the kind of work a judge does, and these people due to their bad luck were out. They have not served their duties as judges so they cannot expect that pay," Justice Nagarathna said. She added that she herself felt bad for drawing salary for the court vacation period.

This was observed when Senior Advocate R Basant appearing for some of the judicial officers urged the bench to consider the issue of salary for a period of 1 year and 3 months since their termination. 

The matter pertained to 6 female judges appointed to the Judicial Services of the State of Madhya Pradesh who were terminated from service last year by the Madhya Pradesh government. The State government's decision was preceded by the meeting of the Administrative Committee of the High Court recommending the termination of these judicial officers. The Full Court meeting affirmed this. One may note that the reasoning given in the termination order was unsatisfactory work done by the petitioners during the probation period. 

Previously, the Court had asked the full court of the MP High Court to reconsider the issue. Notably on an earlier hearing the Court was apprised that the Administrative Committee of the State High Court has resolved not to consider reinstatement of the officers. 

Senior Advocate R Basant appeared for 3 Judicial Officers Rachana Atulkar, Jyoti and Priya. Advocate Tanvi Dubey appeared for other judicial officers.  The Madhya Pradesh High Court was represented by AOR Arjun Garg along with advocates Aakash Nandolia, Kriti Gupta, Sagun Srivastava. 

Case Details : Case Title: IN RE: TERMINATION OF CIVIL JUDGE, CLASS-II (JR. DIVISION) MADHYA PRADESH STATE JUDICIAL SERVICE, SMW(C) No. 2/2023

SARITA CHOUDHARY Versus HIGH COURT OF MADHYA PRADESH AND ANR.W.P.(C) No. 142/2024