Supreme Court establishes uniform 4-point roster system for HJS seniority, ruling that judicial officers lose their 'birthmark' of recruitment source upon entry - prior service in lower judiciary cannot be considered for seniority determination within HJS cadre.
Should judicial officers promoted from lower judiciary (Regular Promotees and LDCEs) receive seniority benefits in Higher Judicial Services based on their prior service experience?
No, once officers enter the Higher Judicial Services, they lose their 'birthmark' of recruitment source and cannot claim seniority benefits based on prior service in lower judiciary.
The Supreme Court has established a uniform 4-point roster system for determining seniority in HJS and ruled that career advancement within HJS must be based on merit-cum-seniority within the cadre, not on prior service in lower judiciary positions.
Original Petition Filed - All India Judges Association files writ petition for judicial reforms
AIJA Series - Multiple Supreme Court judgments establish judicial service reforms and recruitment ratios
Sixth AIJA Judgment - Constitution Bench restores 50:25:25 ratio for RP:LDCE:DR recruitment
Amicus Application - Siddharth Bhatnagar files application highlighting HJS seniority anomalies
Constitution Bench Hearing - 5-judge bench takes up seniority determination question
Landmark Judgment - Supreme Court delivers comprehensive guidelines on HJS seniority
| Legal Principle | What It Means | Application in This Case |
|---|---|---|
| No Birthmark Retention | Source of recruitment irrelevant after entry into common cadre | RP, LDCE, and DR officers equal once in HJS; prior service not counted |
| Annual 4-Point Roster | 2 RPs, 1 LDCE, 1 DR sequence for seniority determination | Uniform system replaces varied state-wise roster patterns |
| Merit-Cum-Seniority | Career advancement based on HJS performance and seniority | Selection Grade and Super Time Scale based on HJS service only |
| Articles 233-235 | High Court control over subordinate judiciary | Supreme Court guidelines establish framework; High Courts implement details |
Cadre of District Judges and equivalent positions, comprising officers from three recruitment sources: Regular Promotees, LDCE Promotees, and Direct Recruits.
Judicial officers promoted from Civil Judge (Senior Division) based on seniority and service record to HJS.
Judicial officers promoted through Limited Departmental Competitive Examination - a merit-based accelerated promotion path.
Advocates and judicial officers directly recruited to HJS through competitive examination.
Legal concept that source of recruitment becomes irrelevant once officers merge into common cadre and lose their recruitment identity.
"On entry into a common cadre from different sources (RP, LDCE and DR) and assignment of seniority as per the annual roster, the incumbents lose their 'birthmark' of the source from which they are recruited."
This landmark Constitution Bench judgment establishes that judicial independence and efficiency require a unified approach to career progression in Higher Judicial Services. The Court balanced the competing interests of different recruitment streams while emphasizing that excellence within the HJS cadre, not prior service, should determine career advancement.
This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.
Making Supreme Court judgments accessible and actionable for every Indian citizen navigating legal challenges.
This analysis decodes a complex constitutional judgment to help judicial officers and legal professionals understand the new framework for Higher Judicial Services seniority and career progression.