Case Note & Summary
The dispute arose from the denial of a super-time scale to the appellant, a member of the U.P. Higher Judicial Service, despite recommendations from the Selection Committee. The Selection Committee had initially recommended the appellant for the super-time scale in April 1986, but the Full Court failed to reach a decision due to new allegations made by the Administrative Judge. On January 17, 1987, the Full Court deemed the appellant unfit for the super-time scale, influenced by a secret letter from the Administrative Judge. The appellant challenged this decision through a writ petition, and while the Division Bench of the High Court acknowledged the Chief Justice's favorable remarks about the appellant, it referred the matter back to the Full Court for reconsideration. The Full Court subsequently rejected the recommendation again in February 1988. The Supreme Court, upon reviewing the case, noted that the Full Court acted without reliable evidence and disregarded the Chief Justice's findings that the allegations against the appellant were unfounded. The Court emphasized that the administrative jurisdiction of the High Court must adhere to principles of natural justice and that the adverse remarks against the appellant were communicated in violation of the rules. Consequently, the Supreme Court allowed the appeal, directing that the appellant be granted the super-time scale with monetary benefits retroactive to January 1, 1987, and that his pension be adjusted accordingly.
Headnote
A) Administrative Law - Judicial Service - Super-Time Scale Eligibility - U.P. Higher Judicial Service Rules, 1975, Rule 27A - The Supreme Court held that the decision regarding the grant of super-time scale is within the administrative jurisdiction of the High Court, but interference is warranted if the High Court violates rules or principles of natural justice. In this case, the Full Court's rejection of the appellant's eligibility was found unjustified due to lack of credible evidence against him (Paras 323-324).
Issue of Consideration
Whether the appellant was entitled to the super-time scale as a member of the Higher Judicial Service.
Final Decision
The Supreme Court allowed the appeal, directing that the appellant be granted the super-time scale with monetary benefits effective from January 1, 1987, and that his pension be suitably altered. The payment was to be made within two months.
Law Points
- Administrative jurisdiction
- natural justice
- adverse remarks
- super-time scale
- judicial service rules
