Supreme Court takes up Telangana, Andhra Pradesh judges split issue

New Delhi: The Supreme Court on Tuesday asked the Centre as to what steps it had taken for constitution of an ‘Advisory committee’ as envisaged in the State Re-organisation Act for division of judges between Andhra Pradesh and Telangana.

A bench of Chief Justice T.S. Thakur and Justice D.Y. Chandrachud was acting on a writ petition filed by Telangana Judges’ Association, a forum formed to protect the interests of the Judicial Officers of the State of Telangana, challenging the recruitment process undertaken by the HC.

Centre set up panel, Supreme Court told
It involved the states of Telangana and AP in selections for the post of Civil Judge (Junior Division) on the basis of the vacancy list of January, 2014. The apex court passed this oral order and posted the matter for further hearing next week.

Earlier, Indira Jaising, senior counsel for the petitioner, informed the court that the judicial officers had withdrawn their strike and resumed duty from July 2.

When the CJI asked the counsel in what way the Supreme Court can interfere, she said there are no guidelines for allocation of officers between the two states as no advisory committee as contemplated under the 2014 Act had been constituted and a direction can be issued for setting up of the committee.

At this juncture, ASG Maninder Singh said the Centre had set up the advisory committee which submitted draft guidelines to the TS government. Meanwhile, the HC had also passed some orders.

The Bench then asked the ASG to place everything on record on the next hearing. The Assopciaiton pointed out that the recruitment was done without permitting the option envisaged in Sec 77(2) of the Andhra Pradesh Reorganisation Act, 2014 and the vacancies notified for the year 2015 in the Andhra Pradesh State Judicial Services without bifurcation is illegal, arbitrary and violative of the fundamental rights of the Judicial Officers belonging to the State of Telangana.

Ever since the establishment of the High Court of Andhra Pradesh in the year 1956, there has consistently been inadequate representation of Telangana Judges in the cadres of Junior Civil Judges, Senior Civil Judges, District Judges and even Judges of  High Court.

It said fewer appointments to the posts of Junior Civil Judges and District Judges resulted in inadequate representation in the District Judiciary in the State of Telangana.

The posts of District Judges being the feeder category for promotion to the judges of  High Court, there is inadequate representation of the Judges from State of Telangana in the High Court also.

Even amongst the elevation to the High Court from the Bar also there has been inadequate representation from Telangana Region. The representation of Telangana Judges is only 25% in the Judiciary reflecting the enormity of injustice caused to Telangana Judges.

It said there has been historical injustice to Telangana state in the matter of appointments of judges of all categories of the District Judiciary and in the High Court.

The impugned notification of the High Court on allocation of service without constituting Telangana State Judicial Service and without preparing State wise cadre strength of respective States would affect the seniority as well as promotion of the Telangana State Judicial officers whose strength is at present 25% only in comparison with Andhra Pradesh State Judicial Officers. They wanted proper allocation of officers between the two states.