Case BriefsHigh Courts

Kerala High Court: A Division Bench of K. Vinod Chandran and V.G. Arun, JJ., addressed an appeal by one of the senior-most District Judges in High Judicial Service of the State.

Petitioner was aggrieved by his non-consideration for elevation as a Judge of this Court under Article 217 read with Article 224 of the Constitution of India. Interse seniority between the District Judges promoted from the Subordinate Judiciary and directly recruited, was the issue that arose.

Single Judge had accepted the contention of the High Court that there was no recommendation made by the collegium of the Supreme with respect to any Judicial Officer, who completed 58 ½ Years as on the date of occurrence of vacancy.

Government of India on 25-04-2009  issued a communication stating that the maximum age limit, as proposed by the Chief Justice of India, was also noticed, which is 58 ½ Years as on the date of arising of vacancy. Further, it was stated that Single Judge rejected the writ petition on the further ground that the position claimed by appellant is a constitutional post, to which he has no substantive right of appointment nor is there any violation of service conditions.

Court’s Analysis & Decision

High Court agreeing with the Single Judge’s decision wherein it was stated that there is a prescription insofar as the age limit of 58 ½ Years. Communication of Government of India as stated above, specifically states that,

…Chief Justice of India having observed that the recommendations made to fill up the vacancies set apart from Judicial Officers would be considered, only of those Judicial Officers, who have not crossed the age limit of 58 ½ years.

Hence, if the age limit applied could aspire for only the first vacancy, which arose on 01-11-2018 and not even to the second vacancy. The rule does not stand against the first in the seniority list, which would obviously be considered for the first vacancy.

Thus while concluding the decision, Court stated that the present appeal cannot be applied and as far as the exceptions made by Collegium of High Court or Supreme Court, it is discretion exercised, which cannot be directed judicially. [John K. Illikkadan v. Union of India, 2020 SCC OnLine Ker 495, decided on 05-02-2020]

Appointments & TransfersNews

Supreme Court Collegium approves the proposal for appointment of following 9 Additional Judges of Madras High Court as Permanent Judges of that High Court:

  1. Justice P.T. Asha,
  2. Justice M. Nirmal Kumar,
  3. Justice Subramonium Prasad,
  4. Justice N. Anand Venkatesh,
  5. Justice G.K. Ilanthiraiyan,
  6. Justice Krishnan Ramasamy,
  7. Justice C. Saravanan,
  8. Justice B. Pugalendhi, and
  9. Justice Senthilkumar Ramamoorthy

Supreme Court of India

[Collegium Statement dt. 12-02-2020]

Appointments & TransfersNews

The Supreme Court Collegium in its meeting held on 05-02-2020 approved the proposal for appointment of following five Additional Judges of Karnataka High Court as Permanent Judges of that High Court:

1. Shri Justice Mohammad Nawaz,
2. Shri Justice H.T. Gowda Narendra Prasad,
3. Shri Justice Ashok G. Nijagannavar,
4. Shri Justice Hethur P. Sandesh, and
5. Shri Justice Krishnan Natarajan


[Collegium Statement dt. 05-02-2020]

Supreme Court of India

Appointments & TransfersNews

Supreme Court Collegium after taking into consideration the material on record, has approved the proposal for elevation of the following Judicial Officers as Judges of the Rajasthan High Court:

  1. Shri Devendra Kachhawaha,
  2. Shri Satish Kumar Sharma,
  3. Ms. Prabha Sharma,
  4. Shri Manoj Kumar Vyas,
  5. Shri Rameshwar Vyas, and
  6. Shri Chandra Kumar Songara


[Supreme Court of India]

[Resolution dt. 22-01-2020]

Appointments & TransfersNews

The Supreme Court Collegium in its meeting held on 15-10-2019, on reconsideration and in the modification of its earlier recommendations dated 28-08-2019, has decided to recommend the following transfers:

S.

No.

Name of the Chief Justice / Judge

High Court

From

High Court

To

1.

A.P. Sahi, Chief Justice Patna Madras

2.

A.K. Mittal, Chief Justice Meghalaya

Madhya Pradesh

3. Sanjay Karol, Chief Justice Tripura

Patna


Supreme Court of India

Appointments & TransfersNews

The Supreme Court Collegium in its meeting held on 15-10-2019 has decided to recommend elevation of Judges of High Courts as Chief Justices of the High Courts, as mentioned below:

S. No. Name of the Judge Present High Court Elevation as Chief Justice of
1. Mohammad Rafiq Rajasthan High Court Meghalaya High Court
2. Dr Ravi Ranjan (PHC: Patna) Punjab & Haryana High Court Jharkhand High Court

Supreme Court of India

Appointments & TransfersNews

High Court Collegium on 8-02-2016 had, inter alia, recommended the name of Shri P. Krishna Bhat, Judicial Officer, for
appointment as Judge of the Karnataka High Court.

On reconsideration of the above proposal, referred back by the Department of Justice, Government of India to the Chief Justice of India, the Supreme Court Collegium in its meeting held on 15-10-2019, has resolved to recommend that its recommendation made on 23-08-2016 and reiterated on 06-04-2017 be processed most expeditiously.


Supreme Court of India

Collegium