No All India Judicial Service Exists, Judicial Officer Has To Complete Eligibility Criteria Of Service In Feeder Grade: Delhi High Court

Observing that there is no All India Judicial Service for judges, the Delhi High Court has observed that a judicial officer has to complete the prescribed eligibility criteria of service specified in the feeder grade of a particular State judicial service.

A division bench of Justice Manmohan and Justice Saurabh Banerjee dismissed a plea of Neetu Nagar, a civil judge who voluntarily resigned from Haryana Civil Services in 2018 and joined Delhi Judicial Services after clearing the examination.

The civil judge challenged the decision of High Court’s Examination Committee rejecting the request for promotion to Delhi Higher Judicial Services (DHJS) by counting her past service with Haryana Judicial Service la towards qualifying service of ten years as Civil Judge (Junior Division). The petitioner judge had joined Haryana Judicial Service in June 2012.

Noting that the assumption and presumption underlying the judge’s case was that there is an All India Judicial Service for judicial officers, the court said:

“…. HCS and DJS are distinct judicial services of two different States governed by different service rules and controlled by different High Courts. The Constitutional Scheme as reflected in Articles 233 and 235 is that each High Court of the State has a control over certain Courts under its jurisdiction. Consequently, this differentiation is constitutionally sanctioned.”

The court observed that the petitioner’s case was neither of absorption nor of compassionate appointment or deputation or transfer but of “simpliciter resignation” and that she had to complete the prescribed eligibility criteria of service in the Delhi Judicial Services being the feeder grade since both the State judicial services in question were not departments of an All India Judicial Service.

“Consequently, the assumption and presumption underlying the arguments of the petitioner that there is an All India Judicial Service for judicial officers is contrary to facts and untenable in law,” the court said.

It added that no instance was shown to the court where the service rendered as a judicial officer in another State has been counted towards the qualifying services of ten years of Civil Judge (Junior Division) for appointment to the Delhi Higher Judicial Services.

“This Court is of the view that the petitioner’s reliance on the judgment of the Supreme Court in All India Judges Association v. UOI & Ors. (supra) is untenable in law. In the said judgment, there is no direction or in- principle determination, explicit or implicit, stipulating that the service rendered as a judicial officer in another State is to be counted towards the qualifying services [ten years of Civil Judge (Junior Division)] for appointment to the DHJS by promotion on the basis of merit through LDCE in terms of Rule 7(1)(b) of the DHJS Rules and as held therein the purpose of LDCE is with respect to officers “......to improve and to compete with each other.....,” the bench ruled.

Rejecting the plea, the court observed that accepting the petitioner’s prayer would disturb the seniority in the cadre which the judge admitted that she was not entitled to.

Title: MS. NEETU NAGAR v. GOVT. OF NCT OF DELHI AND ANR.

Citation: 2023 LiveLaw (Del) 338

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