Advocates' Association, High Court, Madras And Another vs State of Tamil Nadu and Others

1. We directed by our order dated 5th August, 1986 that the cases of temporary Judicial Magistrates, 2nd Class shall be scrutinised by a Committee consisting of two or more judges of the High Court and after scrutiny and assessment of their merits, ability and integrity by the Committee, the High Court will decide how many of them should be regularised as Judicial Magistrates, 2nd Class. This regularisation will be within the limits of the ratio prescribed by the recruitment rules. We also directed that the temporary Judicial Magistrates, 2nd Class, will be regularised only in the cadre of Judicial Magistrates, 2nd Class and not as Judicial magistrates, 1st Class or District Munsiffs even if they have been promoted as such and that they will be entitled to be considered for promotion to the post of District Munsiffs. We are informed by the Registrar of the High Court that the High Court has constituted a Committee of three judges for scrutinising the cases of temporary Judicial Magistrates, 2nd Class, as provided in our Order and that this particular task is expected to be completed within four months. Since we have directed that the temporary Judicial Magistrates, 2nd Class, after scrutiny and assessment of their merits, ability and integrity etc. should be regularised within the limits of the ratio prescribed by the recruitment rules, it is obvious that the regularisation of temporary Judicial Magistrates, 2nd Class who are found fit by the High Court should be made in accordance with the quota prescribed by the recruitment rules and if they cannot be regularised within their quota in a particular year in which they have been appointed, they would have to be pushed down in order that they may be absorbed within their quota in the subsequent years. If it is found that out of the temporary Judicial Officers, 2nd Class, who are found fit, any of them cannot be regularised within their quota by 31st March, 1987. (We are specifying this date on the basis that the High Court requires a period of 4 months to complete the scrutiny) We would suggest that such temporary Judicial Magistrates, 2nd Class, may be continued on supernumerary posts to be created by the State Government and they may continue in such supernumerary posts until such time as they are absorbed within their quota in the following years. But on no account should the quota be breached or violated in any manner whatsoever. When we made this suggestion to the State Govt. it was readily accepted by the State Govt. but we do not wish to make a final order embodying this suggestion in a direction until we have had the benefit of the opinion of the High Court in this regard. We would therefore, request the High Court to offer its views on the question whether or not to incorporate this suggestion in the final order. We accordingly adjourn the Writ Petition to 28th November, 1986 and request the High Court In the meanwhile to forward its views to us. Copy of this Order may be forwarded to the Registrar of the High Court. When the report of the Registrar of the High Court is received, copies of the same may be supplied to the Advocates.