ഷെട്ടി കമ്മീഷന്‍ റിപ്പോര്‍ട്ട് 3

         ഷെട്ടി കമ്മീഷന്‍ റിപ്പോര്‍ട്ട്  3
 6(4) Notwithstanding anything contained in sub-rules (1) and (2), it shall not be competent for the reviewing authority or the accepting authority, as the case may be, to review any such confidential report-
(a) where the authority reviewing confidential report is a Government servant, after he retires from service, and
(b) in other cases, after he demits office.
12"Explanation: For the purpose of this rule, a Minister shall not be treated as having demitted office if he continues to be a Minister in the Council of Ministers with a different portfolio or in the Council of Ministers immediately reconstituted after the previous Council of Ministers of which he was Minister with the same or a different portfolio".
6A. Acceptance of the confidential report- (1) The confidential report, after review, shall be accepted, with such modifications, as may be considered
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12. Substituted vide Notification No.11059/8/86 AIS-III dated 21-1-1987.

necessary, and countersigned, by the accepting authority, ordinarily within one month of its review:
Provided that this requirement may be dispensed for, in such cases as may be specified by the Government, by general or special Order:
Provided further that where the accepting authority has not seen the performance of any member of the Service for at least three months during the period for which the confidential report has been written, it shall not be necessary for the accepting authority to accept any such report.
Note,- An entry to this effect shall be made in the confidential report.
6A (2) Notwithstanding anything contained in sub-rule (1), it shall not be competent for the accepting authority to accept and countersign any such confidential report-
(a) where the accepting authority is a Government servant, after he retires from service, and
(b) in other cases, after he demits office.
12"Explanation: For the purpose of this rule a Minister shall not be treated as having demitted office if he continues to be a Minister in the Council of Ministers with a different portfolio or in the Council of Ministers immediately reconstituted after the previous Council of Ministers of which he was Minister with the same or a different portfolio".
6B. Cases in which the accepting authority writes or reviews the confidential report,- Notwithstanding anything contained in rule 5 or rule 6, where the accepting authority writes or reviews the confidential report of any
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12. Substituted vide Notification No.11059/8/86 AIS-III dated 21-1-1987.

member of the Service, it shall not be further necessary to review or accept any such report.
7. Communication of the confidential report to the Central Government and the State Government,- A certified true copy of the confidential report shall be sent to the Central Government or the State Government or both to the Central Government and the State Government, according as the member of the Service is servicing in connection with the affairs of the State, on whose cadre he is borne, or the Union, or a State to which he has been deputed:
13Provided that, if the confidential report is written in a language other than Hindi or English, it shall be accompanied by an authentic certified translation in Hindi or English.
14"8. Communication of Adverse remarks,-
8(1) Where the Confidential report of a member of the service contains an adverse remark, it shall be communicated to him in writing together with a substance of the entire Confidential report by the Government or such other authority as may be specified by the Government ordinarily within two months of the receipt of the confidential report and a certificate to this effect shall be recorded in the Confidential report.
8(2) Where the reporting authority or the reviewing authority or the accepting authority records an adverse remark, he shall also record a note to the effect that the remark is an adverse remark:
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13. Inserted vide Notification No. 8/5/72-AIS-III, dated 25-8-1973.
14. Substituted vide DP&T Notification No.11059 / 8 / 86-AIS-III dated 21-1-1987.
Provided that the question whether a particular remark recorded in the Confidential report of a member of the service is an adverse remark or not shall be decided by the Government.
Provided further that in the event of any difference of opinion between the Central Govt. and the Government of a State whether a particular remark is to be deemed an adverse remark or not, the opinion of the Central Government shall prevail.
Explanation: for the purpose of these rules an adverse remark means a remark which indicates the defects or deficiencies in the quality of work or performance or conduct of an officer, but does not include any word or words in the nature of counsel or advice to the officer".
9. Representation against adverse remarks,- A member of the Service may represent to the Government against the remark communicated to him under rule 8 within 45 days of the date of its receipt by him:
15Provided that the Government may entertain a representation within three months of the expiry of the said period if it is satisfied that the member of the service had sufficient cause for not submitting the representation in time.
10. Consideration of representation against adverse remarks,–
(1) The Government shall, and if it considers necessary, in consultation with the reporting authority, [the reviewing authority or the accepting authority], consider the representation made under rule 9 by a member of the Service and pass orders as far as possible within three months of the date of submission of the representation–
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15. Substituted vide DP&T Notification No.11059 / 8 / 86-AIS-III dated 21-1-1987.

(a) rejecting the representation, or toning down the remark, or
(b) expunging the remark.
Provided that where an order toning down or expunging the remark is passed a copy of such order, and if the order is passed beyond twelve months after the close of the financial year calendar year, as the case may, be to which the remark pertains, the reasons therefor, together with the certified true copies of the representation made and the remarks of the reporting authority and the reviewing authority, shall be endorsed to the Central Government or the State Government or both to the Central Government and the State Government according as the member of the Service is serving in connection with the affairs of a State on whose cadre he is borne or the Union or a State to which he has been deputed.
16[ ] deleted.
(2) The order so passed on the representation shall be final and the member of the Service concerned shall be informed suitably.
10.A. General,– The Central Government may issue such instructions, not inconsistent with the provisions of these rules, as it may consider necessary, with regard to the writing of the confidential reports, the maintenance of the confidential rolls and the effect of the confidential reports on the conditions of service of a member of the service.
11. Interpretation,– Where any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Central Government who shall decide the same.
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16. Substituted vide No.34/4/71-AIS-III, Vol. I-A dated 11-9-1973.

Executive Instructions:
17FORM OF CONFIDENTIAL REPORT
[See Rule 4 of the All India Service (Confidential Rolls) Rules, 1970]
[Ministry of Home Affairs Notification No.36/1/69-AISD-III, dated 15-7-70].

* * * * *














ANNEXURE ‘B’

Form 1



Confidential Report
for
Indian Administrative Service Officers


Junior Time Scale
Senior Time Scale
Selection Grade



Name of Officer _________________________________________________
Report for the year / period ending ____________________________________



Form 1
Confidential Report for Indian Administrative Service Officers
(Junior Time Scale, Senior Time Scale, Selection Grade)
Report for the year / period ending _____________________
PART – 1 PERSONAL DATA
(To be filled by the Administrative Section concerned of the Ministry/Department/Office)
1. Name of Officer
2. Cadre and Year of allotment
3. Date of Birth
4. Date of continuous appointment Date Grade
to present grade
5. Present post and date of appointment Date Grade
thereto
6. Period of absence from duty (on leave,
Training etc., during the year. If he has
Undergone training, please specify.)
7. Date of filing the Annual Property
Returns;
PART - II To be filled in by the Officer Reported upon
(Please read carefully the instructions given at the end of the form before filling the entries.)
1. Brief description of duties.
2. Please specify the quantitative / physical / financial targets / objectives set for yourself or that were set for you in respect of eight to ten items of work, in order of priority and your achievement against each target.
Targets Achievements
3.(a) Please state briefly the shortfalls with reference to the targets / objectives referred to in column 2. Please specify constraints, if any in achieving the targets.
(b) Please also indicate terms in which there have been significantly higher achievements and your contribution thereto.
PART - III To be filled in by the Reporting Authority
(Please read carefully the instructions given at the end of the form before filling the entries.)
A. NATURE AND QUALITY OF WORK
1. Please comment on Part II as filled out by the officer and specifically state whether you agree with the answers relating to targets and objectives, achievements and shortfalls. Also specify constraints, if any, in achieving the objectives.
2. Quality of output –
Please comment on the officer’s quality of performance having regard to standard of work and programme objectives, and constraints, if any.
3. Knowledge of sphere of work –
Please comment specifically on each of these : level of knowledge of functions, related instructions and their application.
B. ATTRIBUTES
1. Attitude to Work –
Please comment on the extent to which the officer is dedicated and motivated and on his / her willingness and initiative to learn and systematise his / her work.
2. Decision-making ability –
Please comment on the quality of decision-making and on ability to weigh pros and cons of alternatives.
3. Initiative –
Please comment on the capacity and resourcefulness of the officer in Handling unforeseen situations on his / her own and willingness to take additional responsibility and new areas of work.
4. Ability to inspire and motivate –
Please comment on the capacity of the officer to motivate, to obtain willing support by own conduct and capacity to inspire confidence.
5. Communication skill (written and oral) –
Please comment on the ability of the officer to communicate and on his / her ability to present arguments.
6. Inter-personal relations and team work –
Please comment on the quality of relationship with superiors, colleagues and subordinates, and on the ability to appreciate others point of view and take advice in the proper spirit. Please also comment on his / her capacity to work as a member of a team and to promote team spirit and optimise the output of the team.
7. Relations with the public –
Please comment on the officer’s accessibility to the public and responsiveness to their needs.
8. Attitude towards Scheduled Castes / Schedules Tribes / Weaker Sections of Society –
Please comment on his / her understanding of the problems of Scheduled Castes and Scheduled Tribes / Weaker Sections and willingness to deal with them.
C. ADDITIONAL ATTRIBUTES
(for officers of 12 years of service and above only)
1. Planning ability –
Please comment whether the officer anticipates problems, work needs, and plans accordingly and is able to provide for contingencies.
2. Supervisory ability –
Please comment on the officer’s ability relating to:
(i) proper assignment of tasks;
(ii) identification of proper personnel for performing the tasks;
(iii) guidance in the performance of tasks; and
(iv) review of performance.
3. Coordination ability –
Please comment on the extent to which the officer is able to achieve coordination in formulation and implementation of tasks and programmes by different functionaries involved.
4. Aptitude and Potential –
Please indicate three fields of work from amongst the following for possible specialisation and career development of the officer. Please mark 1,2,3 in three appropriate boxes.
1. Personnel Administration
.
2. Law and Order and Internal Security
.
3. Financial Administration
.
4. Agricultural and Rural Development
.
5. Social Services and Educational Administration
.
6. Planning
.
7. Economic and Commercial Administration
.
8. Industrial Administration
.
9. Any other field (Please specify).
.
5. Training –
Please give recommendations for training with a view to further improving the effectiveness and capabilities of the officer. (While specifying the areas of training, it is not necessary to confine to the fields referred to in column 4).
PART - IV GENERAL
1. State of health –
2. Integrity –
(Please see Note below the instructions)
3. General assessment –
Please give an overall assessment of the officer with reference to his / her strength and shortcomings and also by drawing attention to the qualities if any not covered by the entries above.
4. Grading –
(Outstanding / Very Good / Good / Average / Below Average)
(An officer should not be graded outstanding unless exceptional qualities and performance have been noticed; grounds for giving such a grading should be clearly brought out).
Place : Signature
Date : Name in block letters
Designation
(During the period of Report)
PART - V REMARKS OF THE REVIEWING AUTHORITY
1. Length of service under the Reviewing Authority.
2. Is the Reviewing Authority satisfied that the Reporting Authority has made his / her report with due care and attention and after taking into account all the relevant material?
3. Do you agree with the assessment of the officer given by the reporting authority?
(In case of disagreement, please specify the reasons;
Is there anything you wish to modify or add?)
4. General remarks with specific comments about the general remarks

given by the reporting authority and remarks about meritorious work of the officer including the grading.
5. Has the officer any special characteristics, and / or any abilities which would justify his / her selection for a special assignment or / out of turn promotion? If so, specify.
Place : Signature of the Reviewing Authority
Date : Name in block letters
Designation
(During the period of Report)
PART - VI REMARKS OF THE ACCEPTING AUTHORITY
(i.e. next superior authority)

Place : Signature of the Accepting Authority
Date : Name in block letters
Designation (During the period of Report)





INSTRUCTIONS
1. The Confidential Report is an important document. It provides the basic and vital input for assessing the performance of an officer and for his / her further advancement in his / her career. The officer reported upon, the Reporting Authority, the Reviewing and Accepting Authority should, therefore, undertake the duty of filling out the form with a high sense of responsibility.
2. Performance appraisal through Confidential Reports should be used as a tool for human resource development. Reporting Officers should realise that the objective is to develop an officer so that he / she realises his / her true potential. It is not meant to be a fault-finding process but a developmental one. The Reporting Officer and the Reviewing officer should not shy away from reporting shortcomings in performance, attitudes or overall personality of the officer reported upon.
3. The columns should be filled with due care and attention and after devoting adequate time. Any attempt to fill the report in a casual or superficial manner will be easily discernible to the higher authorities.
4. If the Reviewing Authority is satisfied that the Reporting Authority had made the report without due care and attention he shall record a remark to that effect in Part V Column 2. The Government shall enter the remarks in the Confidential Roll of the Reporting Authority.
5. Every answer shall be given in a narrative form. The space provided indicates, the desired length of the answer. Words and phrases should be chosen carefully and should accurately reflect the intention of the authority recording the answer. Please use unambiguous and simple language. Please do not use omnibus expressions like ‘outstanding’, ‘very good’. ‘Good’, ‘Average’, ‘below average’ while giving your comments against any of the attributes.
6. The Reporting Officer shall, in the beginning of the year set quantitative / physical / financial targets in consultation with each of the officers with respect to whom he is required to report upon. Performance appraisal should be a joint exercise between the officer reported upon and the Reporting Officer. The targets / goals shall be set at the commencement of the reporting year i.e. April, in the case of All India Service Officers. In the case of an officer taking up a new assignment in the course of the reporting year, such targets / goals shall be set at the time of assumption of the new assignment.
7. The targets should be clearly known and understood by both the officers concerned. While fixing the targets, priority should be assigned item-wise, taking into consideration the nature and the area of work and any special features that may be specific to the nature or the area of the work of the officer to be reported upon.
8. Although performance appraisal is a year-end exercise, in order that it may be a tool for human resource development, the Reporting Officer and the officer reported upon should meet during the course of the year at regular intervals to review the performance and to take necessary corrective steps.
9. It should be the endeavour of each appraiser to present the truest possible picture of the appraisee in regard to his / her performance, conduct, behaviour and potential.
10. Assessment should be confined to the appraisee’s performance during the period of report only.

11. Some posts of the same rank may be more exacting than others. The degree of stress and strain in any post may also vary from time to time. These facts should be borne in mind during appraisal and should be commented upon appropriately.
12. Aspects on which an appraisee is to be evaluated on different attributes are delineated below each column. The appraiser should deal with these and other aspects relevant to the attributes.
NOTE:
The following procedure should be followed in filling up the column relating to integrity:–
(i) If the Officer’s integrity is beyond doubt, it may be so stated.
(ii) If there is any doubt or suspicion, the column should be left blank and action taken as under:
(a) A separate secret note should be recorded and followed up. A copy of the note should also be sent together with the Confidential Report to the next superior Officer who will ensure that the follow up action is taken expeditiously. Where it is not possible either to certify the integrity or to record the secret note, the Reporting Officer should state either that he had not watched the officer’s work for sufficient time to form a definite judgement or that he has heard nothing against the officer, as the case may be.
(b) If, as a result of the follow up action, the doubts or suspicions are cleared, the officer’s integrity should be certified and an entry made accordingly in the Confidential Report.
(c) If the doubts or suspicions are confirmed, this fact should also be recorded and duly communicated to the officer concerned.
(d) If as a result of the follow up action, the doubts or suspicions are neither cleared nor confirmed, the officer’s conduct should be watched for a further period and thereafter action taken as indicated at (b) and (c) above.
(Ministry of Home Affairs OM No.51/4/64-Estt (d), dated 21.6.1963.)

* * * * *
5. RECHRISTENING SUBORDINATE JUDICIARY
5.1 The judges of the District Courts and the Courts subordinate thereto, are generally termed as Subordinate Judicial Service. Even the relevant Rules of Recruitment refer to them as "Subordinate Judicial Service". The word "subordinate", in our opinion, is not an appropriate word prefixing the "Judicial Service". The word "subordinate" conveys not only the state of being subordinate, but also indicates ‘inferiority’ in status, position, rank or order. It also indicates an act of submission and obedience to authority. These judges function independently in judicial functions, though they may be under the control of the High Court in matters of administration. But that does not justify their being branded as "Subordinate Judicial Service".
5.2 When we turn to our Constitution, we find reference to "Subordinate Courts" but not "Subordinate Judicial Service".
5.3 The title of Part VI, Chapter VI of the Constitution is styled as "Subordinate Courts".
5.4 Article 233, which is the first Article in this Chapter, provides for appointment of District Judges. They shall be appointed by the Governor of the State in consultation with the High Court concerned.
5.5 Article 234 provides for recruitment of persons other than District Judges. It states that appointments of persons other than District Judges to the judicial service of a State shall be made by the Governor of the State in accordance with rules made by him in that behalf after consultation with the State Public Service Commission and with the High Court exercising jurisdiction in relation to such State. (Emphasis supplied).
5.6 Article 235 provides that the control over district Courts and Courts subordinate thereto including the posting and promotion of, and the grant of leave to, persons belonging to the judicial service of a State and holding any post inferior to the post of District Judges shall be vested in the High Court. (Emphasis supplied).
5.7 Article 236(a) defines the expression "District Judge" as including Judge of a City Civil Court, Additional District Judge, Joint District Judge, Assistant District Judge, Chief Judge of a Small Cause Court, Chief Presidency Magistrate, Additional Chief Presidency Magistrate, Sessions Judge, Additional Sessions Judge and Assistant Sessions Judge.
5.8 Article 236(b) defines ‘Judicial Service’ to mean:
"A service consisting exclusively of persons intended to fill the post of District Judge and other civil judicial posts inferior to the post of District Judge."
5.9 What then constitutes a Judicial Service of a State?
5.10 This has received consideration with the analysis of the aforesaid Constitutional provisions in STATE OF MAHARASHTRA Vs. LABOUR LAW PRACTITIONERS’ ASSOCIATION,1 in which, the Supreme Court observed:
"The term ‘District Judge’ should not be confined only to the Judge of the Principal Civil Court in the hierarchy of General Civil Courts. The term would now have to include also the hierarchy of specialised civil Courts, such as a hierarchy of Labour Courts and Industrial Courts. The fact that the Chief Presidency Magistrate and the Sessions Judge were also included in the definition of ‘District Judge’ indicates that a wide interpretation is to be given to the expression ‘District Judge’. The extensive definition of a District Judge under Article 236 is indicative of the same.

1. AIR 1998 SC 1233.
Under Article 236(b), the expression "Judicial Service" is defined to mean "a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district Judge."
The Court concluded:
Judicial service thus postulates a hierarchy of Courts with the District Judge as the head and other judicial officers under him discharging only judicial functions.
xxx xxx xxx
Therefore, bearing in mind the principles of separation of powers and independence of the judiciary, judicial service contemplates a service exclusively of judicial posts in which there will be a hierarchy headed by a District Judge."
5.11 However, the different States have given different names to the Judicial Officers of their Subordinate Courts. We may briefly refer to them hereunder:
ANDHRA PRADESH
5.12 The Judicial officers of the Subordinate Courts have been classified into two categories: (i) Andhra Pradesh State Higher Judicial Service and (ii) Andhra Pradesh State Judicial Service.
5.13 The Higher Judicial Service includes District & Sessions Judges - Grade I and District & Sessions Judges - Grade II / Chief Judicial Magistrates / Chief Metropolitan Magistrates.
5.14 Andhra Pradesh State Judicial Service consists of Senior Civil Judges and Junior Civil Judges.
ASSAM :
5.15 The judges of the lower Courts are called as Assam Judicial Service, but have been differentiated as Grade I, Grade II and Grade III.
5.16 Grade I consists of District & Sessions Judges / Additional District & Sessions Judges / Special Judge.
5.17 Grade II covers Chief Judicial Magistrate / Additional Chief Judicial Magistrate / Asst. District & Sessions Judges.
5.18 Grade III includes Sub-Divisional Judicial Magistrates and Judicial Magistrates / Munsiffs.
BIHAR :
5.19 The judicial service has been dissected into (i) Bihar Superior Judicial Service and (ii) Bihar Judicial Service.
5.20 Bihar Superior Judicial Service consists of District & Sessions Judges / Addl. District & Sessions Judges.
5.21 Bihar Judicial Service includes Chief Judicial Magistrates / Asst. Sessions Judges / Subordinate Judges / Sub-Divisional Judicial Magistrates and Munsiffs / Judicial Magistrates I Class and II Class
DELHI :
5.22 Here again, the judicial service has been classified into two categories: (i) Delhi Higher Judicial Service and (ii) Delhi Judicial Service.
5.23 The Delhi Higher Judicial Service includes District & Sessions Judges / Addl. District & Sessions Judges / Chief Metropolitan Magistrates / Addl. Chief Metropolitan Magistrates.
5.24 The Delhi Judicial Service comprises of Senior Civil Judges / Judges, Small Causes Courts and Civil Judges / Metropolitan Magistrates.
GOA :
5.25 The Judicial Service consists of Grade I and Grade II.
5.26 District & Sessions Judges / Addl. District & Sessions Judges are in Grade I.
5.27 Civil Judges (Sr. Dn.) and Civil Judges (Jr. Dn.) are in Grade II.
GUJARAT :
5.28 There are three categories: (i) Senior Branch; (ii) Junior Branch Class I and (iii) Junior Branch Class II.
5.29 The Principal Judge / Addl. Principal Judge / Judges, City Civil Court / District Judges / Chief Judge, Small Causes Court / Chief Metropolitan Magistrate / Addl. Chief Metropolitan Magistrate / Asst. Judges are in Senior Branch.
5.30 Judges of Small Causes Court / Civil Judges (Sr. Dn.) are in Junior Branch Class I.
5.31 Civil Judges (Jr. Dn.) / Judicial Magistrate I Class are in Junior Branch Class II.
HARYANA & PUNJAB :
5.32 The Judicial Officers are classified into (i) Superior Judicial Service and (ii) Civil Service (Judicial Branch).
5.33 The Superior Judicial Service includes District & Sessions Judges / Addl. District & Sessions Judges.
5.34 The Civil Service (Judicial Branch) comprises Civil Judges (Sr. Dn.) / Chief Judicial Magistrates / Judges of Small Causes Courts and Civil Judges (Jr. Dn.)-cum-Judicial Magistrates I & II Class.
HIMACHAL PRADESH :
5.35 This State has followed the pattern of Delhi by dissecting the service into (i) Himachal Pradesh Higher Judicial Service and (ii) Himachal Pradesh Judicial Service.
5.36 The Higher Judicial Service includes District & Sessions Judges / Addl. District & Sessions Judges / Registrar of High Court.
5.37 The Himachal Pradesh Judicial Service covers Senior Sub-Judges-cum-Chief Judicial Magistrates and Sub-Judges-cum-Judicial Magistrates I Class.
JAMMU & KASHMIR
5.38 There are two categories: (i) Jammu & Kashmir Higher Judicial Service and (ii) Jammu & Kashmir Civil Service (Judicial).
5.39 The posts of District & Sessions Judges and Addl. District & Sessions Judges are in the first category of Jammu & Kashmir Higher Judicial Service.
5.40 The posts of Sub-Judges / Chief Judicial Magistrates and Munsiffs / Judicial Magistrates are in the second category of Jammu & Kashmir Civil Service (Judicial).
KARNATAKA
5.41 Karnataka uses the single expression as "Karnataka Judicial Service" to represent all the three grades, viz., District Judges with all scales, Civil Judges (Sr. Dn.) and Civil Judges (Jr. Dn.).
KERALA
5.42 Here again, we find two categories: (i) Kerala State Higher Judicial Service and (ii) Kerala Judicial Service.
5.43 Kerala State Higher Judicial Service includes District Judges (Selection Grade), District & Sessions Judges / Addl. District & Sessions Judges.
5.44 The Kerala Judicial Service consists of Sub-Judges / Chief Judicial Magistrates and Munsiffs-Magistrates.
MADHYA PRADESH
5.45 Madhya Pradesh Judicial Service is also classified as: (i) Madhya Pradesh Higher Judicial Service and (ii) Madhya Pradesh Lower Judicial Service.
5.46 The Higher Judicial Service consists of District Judges (Supertime Scale and above), District Judges (Selection Grade), District Judges in Junior Administration Grade Non-functional, District Judges (Sr. Time Scale).
5.47 The Lower Judicial Service includes Civil Judges - Selection Grade-cum-Chief Judicial Magistrates, Civil Judges - Senior Scale and Civil Judges Junior Scale.
MAHARASHTRA :
5.48 Maharashtra has divided the Judicial Service into (i) Senior Branch and (ii) Junior Branch.
5.49 The Senior Branch includes Principal Judge / Judges of the Bombay City Civil Court, District Judges / Addl. District Judges, Chief Judge / Addl. Chief Judge, Small Causes Court, Bombay, Chief Metropolitan Magistrate / Addl. Chief Metropolitan Magistrates.
5.50 The Junior Branch includes Judges of the Small Causes Courts at places other than Bombay, Civil Judges (Senior Division), Chief Judicial Magistrates / Addl. Chief Judicial Magistrates, Judges of the Small Causes Courts at Bombay and Metropolitan Magistrates, Metropolitan Magistrate, Juvenile Court, Bombay, Civil Judges (Jr. Dn.) and Judicial Magistrates of the First Class.
MANIPUR :
5.51 The Judicial Service in Manipur is on grade-wise, namely, Grade I, Grade II and Grade III.
5.52 Grade I covers District & Sessions Judges / Addl. District & Sessions Judges / Registrar / Joint Registrar, Gauhati High Court.
5.53 Grade II consists of Chief Judicial Magistrates / Addl. Chief Judicial Magistrates / Civil Judges (Sr. Dn.) and Dy. Registrar, Gauhati High Court.
5.54 Grade III includes Civil Judges (Jr. Dn.), Judicial Magistrates I & II Class / Administrative Officer of the District & Sessions Court.
MEGHALAYA :
5.55 This State has similar grades as in Manipur. Grade I includes District & Sessions Judge / Addl. District & Sessions Judge.
5.56 Grade II comprises of Asst. District & Sessions Judges / Chief Judicial Magistrates and Grade III includes Munsiffs & Judicial Magistrates.
MIZORAM :
5.57 Here, we notice grade within grades. Grade I (Senior) consists of Legal Remembrancer-cum-Secretary Law, Judicial / Registrar of High Court and District & Sessions Judges.
5.58 Grade I (Junior) includes Joint Legal / Remembrancer-cum-Joint Secretary Law & Judicial / Special Judges and Presiding Officer, MACT.
5.59 Grade II comprises of Dy. Legal Remembrancer-cum-Dy. Secretary Law & Judicial / Dy. Registrar in High Court / Civil Judges (Sr. Dn.) / Chief Judicial Magistrates / Asst. District & Sessions Judges.
5.60 Grade III comprises of Asst. Legal Remembrancer-cum-Under Secretary / Judicial Magistrate I Class / Civil Judges (Jr. Dn.) and Asst. Registrar in High Court.
5.61 There is yet Grade IV that includes Special Officer-cum-Asst. Draughtsman and Translator.
NAGALAND :
5.62 The structure of Judicial Service is similar to Mizoram. There are four grades in the subordinate judicial service. Grade I represents District & Sessions Judge and Addl. District & Sessions Judges; Grade II refers to Dy. Registrar in High Court; Grade III indicates Judicial Magistrates I Class, Sub-Judges and Asst. Registrar in High Court and Grade IV includes Judicial Magistrates II Class and Sub-Judges.
ORISSA :
5.63 There are five classes of Officers. Orissa Superior Judicial Service (Senior Branch); Superior Judicial Service (Junior Branch); Judicial Service Class I (Senior); Judicial Service Class I (Junior) and Judicial Service Class II.
5.64 Orissa Superior Judicial Service Sr. Branch consists of District & Sessions Judges / Addl. District & Sessions Judges. The Superior Service (Junior Branch) includes Chief Judicial Magistrates. Orissa Judicial Service Class I Sr. includes Civil Judges (Sr. Dn.), Registrar of Civil Courts and Dy. Registrars of High Court.
5.65 Orissa Judicial Service Class I Jr. comprises of Sub-Divisional Judicial Magistrates / Asst. Registrars of High Court and Orissa Judicial Service Class II includes Civil Judges (Jr. Dn.) and Judicial Magistrates.
RAJASTHAN :
5.66 The subordinate judicial service in Rajasthan consists of Higher Judicial Service and Judicial Service. Higher Judicial Service covers District Judges Selection Grade / District Judges / Addl. District Judges / Law Secretary-cum-Legal Remembrancer.
5.67 Judicial Service includes Civil Judges (Sr. Dn.)-cum-Chief Judicial Magistrates and Addl. Civil Judges (Sr. Dn.)-cum-Addl. Chief Judicial Magistrates, Sr. Civil Judges-cum-JMFCs, Civil Judges-cum-JMFCs and Munsiffs & Judicial Magistrates I Class.
SIKKIM :
5.68 Here, we notice two categories: Sikkim Superior Judicial Service and Sikkim Judicial Service. Sikkim Superior Judicial Service includes Secretary, Law-cum-Legal Remembrancer / Joint Legal Remembrancer / District & Sessions Judges / Registrar in High Court.
5.69 Judicial Service of Sikkim is inclusive of Chief Judicial Magistrates and Civil Judges-cum-Judicial Magistrates.
TAMIL NADU :
5.70 There are four categories namely: (i) District Judges (Supertime Scale); (ii) District Judges / Addl. District Judges / Chief Judicial Magistrates; (iii) Civil Judges (Sr. Dn.); (iv) Civil Judges (Jr. Dn.) / Judicial Magistrates I Class.
TRIPURA :
5.71 There are three grades; namely, Judicial Officer Grade I, Judicial Officer Grade II and Judicial Officer Grade III.
5.72 Grade I includes District Judge / Addl. District Judge & Chief Judicial Magistrate.
5.73 Grade II consists of Civil Judges (Sr. Dn.) & Asst. Sessions Judges and Judicial Officer.
5.74 Grade III consists of Judicial Magistrates I Class & II Class and Civil Judges (Jr. Dn.).
UTTAR PRADESH :
5.75 The Judicial Service in Uttar Pradesh like many other States has only two categories of Judicial Officers: (i) Higher Judicial Service and (ii) Judicial Service. The Higher Judicial Service consists of District & Sessions Judges / Addl. District & Sessions Judges and Addl. Sessions Judges.
5.76 U.P. Judicial Service includes Civil Judges (Sr. Dn.) / Addl. Civil Judges (Sr. Dn.) / Chief Judicial Magistrates / Addl. Chief Judicial Magistrates / Judges, Small Causes Court / Addl. Judges, Small Causes Court and Civil Judges (Jr. Dn.)/ Judicial Magistrates.
WEST BENGAL :
5.77 There is Higher Judicial Service and Subordinate Judicial Service.
5.78 The Higher Judicial Service represents District & Sessions Judges / Addl. District & Sessions Judges / Chief Metropolitan Magistrates / Addl. Chief Metropolitan Magistrates / Chief Judges of Small Causes Courts / Secretary Law / Judges, City Civil Court.
5.79 West Bengal Subordinate Judicial Service consists of Civil Judges (Sr.Dn.)/ Asst. District & Sessions Judges / Sub-Divisioal Judicial Magistrates / Civil Judges (Jr. Dn.) / Judicial Magistrates I Class.
PONDICHERRY :
5.80 Pondicherry Judicial Service consists of three cadres: (i) District Judge / Addl. District Judge / Sessions Judge / Addl. Sessions Judge; (ii) Civil Judges (Sr. Dn.) / Chief Judicial Magistrates and (iii) Civil Judges (Jr. Dn.) / Judicial Magistrates I Class.
5.81 Let us now refer to the views and comments received to the Commission’s Question No.6.
Question No. 6 reads:
"PROPER EXPRESSION
Q.6. Article 235 speaks of "District Courts and Courts subordinate thereto" and persons belonging to "Judicial Service of a State".
Article 236(b) refers to the expression "Judicial Service" as consisting exclusively of persons intended to fill up the post of District Judge and other Civil Judicial posts inferior to the post of District Judge.
Some States have dissected the Judicial Service into Higher Judicial Service and Lower Judicial Service.
What should be the appropriate expression to be used to cover the three cadres which the Commission is contemplating?"
5.82 The views expressed by the Respondents are not uniform. They widely differ. For brevity, we set out below the proposed expressions and within the bracket the names of the Respondents:
5.82.1 STATE JUDICIAL SERVICE :
(Andhra Pradesh Judicial Officers Association, High Court of Gujarat (Judicial Service of a State), Haryana Civil Judges Association, High Court of Himachal Pradesh, Jammu & Kashmir Judicial Service Association, Kerala Magistrates (Judicial) Association, High Court of Bombay (Judicial Service of the State), Government of Nagaland, High Court of Orissa, High Court of Judicature at Madras, Government of Tamil Nadu, Tripura Judicial Service (Government), Uttar Pradesh Judicial Services Association, High Court of Judicature at Allahabad, Government of Uttar Pradesh, Government of West Bengal, Administrator of U.T., Lakshadweep (State / Union Territory Judicial Service), All India Judges’ Association, Punjab Judicial Officers Association, High Court of Kerala, Government of Kerala and Tamil Nadu Judicial Officers Association.)
5.82.2 HIGHER JUDICIAL SERVICE / STATE JUDICIAL SERVICE :
(Government of Andhra Pradesh, High Court of Andhra Pradesh and All Orissa Judicial Officers Association).
5.82.3 HIGHER JUDICIAL SERVICE / LOWER JUDICIAL SERVICE :
(Mr. Justice P.P. Bopanna (Rtd.) and High Court of Madhya Pradesh.
Under Secretary, Government of Goa wants to have the word "cadre" to be affixed to these expressions).
5.82.4 SENIOR JUDICIARY / JUNIOR JUDICIARY :
(Judges of the City Civil and Sessions Court at Mumbai).
5.82.5 SUPERIOR JUDICIAL SERVICE / SUBORDINATE JUDICIAL SERVICE :
(Patna High Court).
5.82.6 DISTRICT JUDICIARY :
(Assam Judicial Service Association, Bihar Judicial Service Association and Delhi Judicial Service Association).

5.82.7 SUBORDINATE JUDICIAL SERVICE OF THE STATE :
(Mr. Justice Ranganatha Misra, Former Chief Justice of India).
5.82.8 INTEGRATED JUDICIAL SERVICE :
(Gauhati High Court).
5.82.9 JUDICIAL SERVICE :
(Government of Gujarat, Gujarat Judicial Service Association, Calcutta High Court, Karnataka State Judicial Officers Association, High Court of Karnataka, Bangalore (High Court has also given in the alternate expression "STATE JUDICIARY"), Rajasthan High Court, Mr. Justice D.R. Khanna, Former Judge of the Delhi High Court, Mr. Justice K. Ramachandraiah, former Judge of the Karnataka High Court).
5.82.10 STATE SUPERIOR JUDICIAL SERVICE AND STATE JUDICIAL SERVICE :
(Punjab & Haryana High Court).
5.82.11 High Court of Jammu & Kashmir stated that the proper expression to cover Civil Judges (Senior and Junior Division) is "JUDICIAL SERVICE’ and for the District and Sessions Judges / Addl. District and Sessions Judges is "HIGHER JUDICIAL SERVICE".
5.83 We have carefully examined the matter in the light of the views expressed by the Respondents. We do not want to differentiate the Officers of different Courts by assigning different names as it is being followed in some States. It is better and appropriate to term them as belonging to one Common Service though there may be grades amongst themselves. Calling the Officers as belonging to one Service though they belong to different grades is very common in the Executive Service like IAS, IPS, IA & AS and State Administrative Service.
That apart, having regard to the expression used in Article 236(b) of the Constitution and in the light of the decision of the Supreme Court in STATE OF MAHARASHTRA Vs. LABOUR LAW PRACTITIONERS’ ASSOCIATION,1 we consider that the proper expression to cover the three cadres, viz., District Judges, Civil Judges (Senior Division) and Civil Judges (Junior Division) would be "JUDICIAL SERVICE" prefixed by the name of concerned State. Say for example, Karnataka Judicial Service, Delhi Judicial Service, Maharashtra Judicial Service, Tamil Nadu Judicial Service etc..
5.84 We request all High Courts, State Governments and Administration of Union Territories to accordingly amend their respective Acts, Rules, Regulations and Circulars etc., to give effect to the above suggestion.
5.85 This takes us to the question whether any change in the existing nomenclature of any post or cadre is called for. The existing nomenclature of the posts in all States and Union Territories as per the judgment of the Supreme Court in the All India Judges’ Association case is: (i) District Judge; (ii) Civil Judge (Senior Division) and (iii) Civil Judge (Junior Division). Hitherto, our discussion proceeded on the basis of the said nomenclature.
5.86 The Commission is, however, of the view that classifying Civil Judges as Civil Judge (Senior Division) and Civil Judge (Junior Division) may not be appropriate. The distinction made as Junior and Senior is likely to create a feeling of inferiority or superiority among the Civil Judges. The Commission considers that Civil Judge (Junior Division) may be termed as Civil Judge; and Civil Judge (Senior Division) may be termed as Senior Civil Judge.
5.87 The Commission ascertained the views in this regard by a supplementary Questionnaire furnished to all the Associations, nominees of High Courts and


1. AIR 1998 SC 1233.
State Governments who participated in the personal hearing. Almost all of them have expressed their view that the suggestion put forward by the Commission is more appropriate and the nomenclature of Civil Judges should be changed accordingly.
5.88 In fact, some of them have expressed the view that the nomenclature proposed by the Commission is better and more dignified and it does not create a feeling of inferiority or superiority among the Civil Judges. The President of the Delhi Judicial Service Association is exhilarated about the suggestion of the Commission and he has stated that the proposal of the Commission is more graceful and better-phrased and it removes the doubts created among the litigant public treating the Civil Judges as Junior and Senior which gives an impression of one is subordinate to the other.
5.89 In the premise, we suggest that hereafterwards, Civil Judge (Junior Division) be termed as Civil Judge and the Civil Judge (Senior Division) as Senior Civil Judge.
5.90 We request the High Courts and State Governments / Union Territories Administration to make necessary alterations in this regard in their respective enactments, rules, regulations, circulars etc..
5.91 It may be stated that the Commission has also prepapred a draft Civil Courts Act for adoption by all High Courts in which the nomenclature used is only Civil Judge, Senior Civil Judge and District Judge.

* * * * *


6.EQUATION OF POSTS OF CHIEF METROPOLITAN
MAGISTRATE AND CHIEF JUDICIAL MAGISTRATE
6.1 The question of equation of posts of Chief Metropolitan Magistrate (CMM) and Chief Judicial Magistrate (CJM) to an equivalent cadre in the three-tier judicial service of every State and Union Territory presents considerable problems.
6.2 We may first trace the structure of cadres of Magistrates provided under the Code of Criminal Procedure 1898 ("1898 Code"). Thereunder, there were certain special arrangements in respect of the cities of Madras, Bombay and Calcutta. These cities were termed as Presidency-towns. Section 18 of the 1898 Code required the State to appoint sufficient number of Magistrates called Presidency Magistrates in the Presidency-towns, depending upon the inflow and pendency of criminal cases.
6.3 One of the Presidency Magistrates was appointed as the Chief Presidency Magistrate and the other Presidency Magistrates were subordinate to the Chief Presidency Magistrate.
6.4 The Chief Presidency Magistrate had certain powers over his subordinates. He had inter-alia, powers to frame rules to conduct the business and constitution of appropriate benches for disposal of cases. He was paid higher emoluments.
6.5 The system of Presidency Magistrates with an overall supervision of the Chief Presidency Magistrate was found to be useful in the Presidency-towns, where crimes were sophisticated and the volume of work was heavy which required quicker disposal of cases.
6.6 Outside the Presidency-town and particularly in the district, there was no system of appointing Presidency Magistrate. Instead, there was District Magistrate. Section 10 of the 1898 Code provided that the Government shall appoint a Magistrate of the First Class to be called the District Magistrate in every District outside the Presidency-town. The State Government may also appoint any Magistrate of the First Class to be an Additional District Magistrate, who shall have all or any of the powers of a District Magistrate.
6.7 Under Section 12 of the 1898 Code, the State Government may appoint as many persons as it thinks fit as Subordinate Magistrates of the first, second or third class in any District.
6.8 The District Magistrate would be directly under the control of the State Government and other Magistrates appointed in the District would be under the control of the District Magistrate. These District Magistrates were exercising both executive and judicial powers. The performance of these dual functions of the nature of executive and judicial by one authority was the order of the day before coming into force of the Constitution of India.
6.9 But in Presidency-town, some of the functions, particularly of the executive nature, of the District Magistrate were discharged by the Commissioner of Police.
6.10 Article 50 of the Constitution directs that the State shall take steps to separate the judiciary from the executive in the public services of the State. The Law Commission of India in their 37th and 41st Reports (paras 32 to 62 in 37th Report and para 2.1 in the 41st Report) recommended that there should be separation of the judiciary from the executive on an all India basis in order to achieve uniformity in the matter.
6.11 In order to bring about complete separation of judiciary from the executive, the Code of Criminal Procedure, 1973 ("1973 Code") was enacted. This Code provides two categories of Magistrates, namely, the Judicial Magistrates and the Executive Magistrates. Broadly speaking, functions which are essentially judicial in nature are vested in the Judicial Magistrates and functions which are "police" or administrative in nature are the concern of the Executive Magistrates.

6.12 Section 6 of the 1973 Code provides for the constitution of the following classes of criminal Courts besides the High Court and the Courts constituted under any other law: (i) Courts of Session; (ii) Judicial Magistrates of the First class and, in any metropolitan area, Metropolitan Magistrates; (iii) Judicial Magistrates of the Second Class; and (iv) Executive Magistrates.
6.13 Section 8 of the 1973 Code specifically provides for the Constitution of the metropolitan areas. The Section so far as relevant provides:
"Section 8. Metropolitan Areas, -
(1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purpose of this Code.
(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the City of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.
(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million.
(4) and (5) xxx "
6.14 It will be seen that the then existing Presidency-towns of Bombay, Calcutta, Madras and Ahmedabad were statutorily declared as Metropolitan areas which are also Metropolitan Cities.
6.15 The Magistrates posted in the Metropolitan area are called Metropolitan Magistrates. Section 17 confers power on the High Court to appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for a metropolitan area. The High Court may also appoint any Metropolitan Magistrate as Additional Chief Metropolitan Magistrate who will have all or any of the powers of the Chief Metropolitan Magistrate.
6.16 Section 11 provides for constitution of Courts of the Judicial Magistrates in every district (not being a metropolitan area).
6.17 Under Section 12 of the 1973 Code, the High Court could appoint a Judicial Magistrate of the First Class to be the Chief Judicial Magistrate and the High Court may also appoint any Judicial Magistrate of the First Class as Additional Chief Judicial Magistrate. The Additional Chief Judicial Magistrate shall have all or any of the powers of the Chief Judicial Magistrate.
6.18 The judicial powers of the Chief Judicial Magistrate are similar to the powers of the Chief Metropolitan Magistrate. The Chief Metropolitan Magistrate and the Chief Judicial Magistrate have similar control and jurisdiction over the Magistrates subordinate to them. Even their judicial powers are not different and indeed much the same. This would be clear from Section 29 of the 1973 Code which provides:
"Section 29. Sentences which Magistrates may pass.-
(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or imprisonment for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding five thousand rupees, or of both.

(3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding one thousand rupees, or of both.
(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the first class."
6.19 Under Section 374, the appeals against the sentence passed by the Chief Metropolitan Magistrate and Chief Judicial Magistrate lie to the Court of Session.
6.20 In this context, Sections 15 and 19 may also be read:
Section 15 so far as relevant provides:
"Section 15 (1): Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
xxx xxx xxx."
Section 19 so far as relevant provides:
"Section 19(1): The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate.
xxx xxx xxx."

6.21 It will be seen that the CMM and Additional CMM are subordinate to the Sessions Judge and all other Metropolitan Magistrates are under the general control of the CMM and subordinate to him. Likewise, CJM has been constituted as subordinate to the Sessions Judge, but all other Judicial Magistrates are made subordinate to the CJM.
6.22 In the light of the aforesaid provisions, we may now proceed to determine the appropriate cadre to which CMM and CJM should be equated.
6.23 Before we consider the question, it may be useful to refer to the views and comments received to our Question No.(2) in the Questionnaire.
The Question No.(2) reads as follows:
"In States like Tamil Nadu, Andhra Pradesh, and West Bengal, the post of Chief Judicial Magistrate / Chief Metropolitan Magistrate is equated with the cadre of District Judge and in some other States, it is of the cadre of Civil Judge (Senior Division). According to you, to which cadre the post of Chief Judicial Magistrate / Chief Metropolitan Magistrate could appropriately be equated with having regard to the relative duties and responsibilities of the posts?"
6.24 The High Courts of Andhra Pradesh, Bihar, Calcutta, Delhi, Himachal Pradesh, Madras, Orissa and Sikkim have stated that the posts of CMM and CJM are to be equated to the cadre of District Judges.
6.25 The High Courts of Gauhati, Gujarat, Jammu & Kashmir, Kerala, Madhya Pradesh, Punjab & Haryana and Rajasthan have expressed the view that both the posts of CMM and CJM are to be equated to that of Civil Judge (Senior Division).
6.26 The High Courts of Allahabad, Bombay and Karnataka, however, are in favour of equating only the post of CMM to the cadre of District Judges. They want CJM to be in the cadre of Civil Judges (Senior Division).
6.27 The Governments of Goa, Gujarat, Kerala, Manipur and Sikkim are of the view that both the posts of CMM and CJM be equated with the cadre of Civil Judges (Senior Division).
6.28 The Governments of Andhra Pradesh, Meghalaya, Nagaland, Tamil Nadu and Tripura have favoured equation of the post of Chief Judicial Magistrate / Chief Metropolitan Magistrate to that of District Judge.
6.29 Judicial Officers’ Associations of Delhi, Gujarat, Jammu & Kashmir, Rajasthan, Tamil Nadu, Tripura and Uttar Pradesh have stated that the post of CMM and CJM may be included in the cadre of District Judges. Karnataka Judicial Officers’ Association, however, wants CMM to be included in the cadre of District Judges but not CJM.
6.30 The All India Judges’ Association and the Associations of Judicial Officers of Andhra Pradesh, Assam, Bihar, Goa, Haryana, Kerala, Madhya Pradesh, Maharashtra, Manipur, Mizoram and Punjab have contended that the posts of CMM and CJM should be included only in the cadre of Civil Judges (Sr. Dn.).
6.31 For a proper conclusion in the matter, we may begin with the definition of "District Judge" in the Government of India Act, 1935.
Section 254 (3) of the Government of India Act, 1935 reads:
" In this and the next succeeding section the expression "district judge" includes additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, sessions judge, additional sessions judge, and assistant sessions judge."
6.32 We may also read the definition of "District Judge" in the Constitution of India.
Article 236 (a) provides:
" The expression "district judge" includes judge of a city civil court, additional district judge, joint district judge, assistant district judge, chief judge of a small cause court, chief presidency magistrate, additional chief presidency magistrate, sessions judge, additional sessions judge and assistant sessions judge."
Both are inclusive definitions.
6.33 When we read both the definitions side by side, it will be seen that the Chief Presidency Magistrate is a common post found in them. Article 236 (a) of the Constitution includes even the post of Additional Chief Presidency Magistrate, judges of the City Civil Courts, Additional and Joint District Judges, Chief Judge of Small Causes Court and Sessions Judge etc..
6.34 It may be noted that Article 236 (a) of the Constitution could not have referred to the post of CMM since the post of CMM was introduced for the first time in the 1973 Code. In 1973 Code, the Presidency Town has been renamed as Metropolitan Area. Under Section 8(2) of the 1973 Code, the Presidency Towns of Bombay, Calcutta, Madras and City of Ahmedabad shall be deemed to have been declared as Metropolitan Area. The Presidency Town has been thus renamed as Metropolitan Area and the Chief Presidency Magistrate has been redesignated as CMM.
6.35 Be it noted that it is just a change of designation. But there is no change in other respects. The powers, duties and responsibilities of the Chief Presidency Magistrate have been wholly inherited by CMM, even with higher sentencing power. CMM has now power to sentence upto 7 years imprisonment as against the power to sentence upto 2 years by Chief Presidency Magistrate.
6.36 It may be of importance to note that the Chief Presidency Magistrate was in the cadre of District Judge. Adroitly, the CMM and Addl. CMM in the Metropolitan Area of Delhi, Mumbai, Madras, Hyderabad and Ahmedabad continue to be in the cadre of District Judges. The lone exception is the CMM in Bangalore Metropolitan Area, who is still in the cadre of Civil Judges (Senior Division). But High Court of Karnataka very rightly suggested that, that post should be in the cadre of District Judges.
6.37 But those who have pleaded against the equation of CMM to the cadre of District Judges have strongly relied upon the provisions of Section 19 of the 1973 Code, which inter alia, provide that CMM shall be subordinate to the Sessions Judge. It is contended that when CMM is statutorily made subordinate to the Sessions Judge, it is not proper to equate the post of CMM to the cadre of District Judges.
6.38 We gave our anxious consideration to the problem presented. We do not consider that Section 19 of the 1973 Code is an impediment to equate the post of CMM to the post of District Judge. The High Court could issue necessary instructions making CMM as an independent Officer and not subordinate to Sessions Judge. Such instructions could be issued either at the time of appointing CMM under Section 17 of the Code or under the general controlling powers vested under Article 235 of the Constitution.
6.39 There is one more contention which needs to be dealt with. It was contended that the appeal against the conviction and sentence passed by CMM lies only to the Court of Session as provided under Section 374 of the 1973 Code, and, CMM cannot, therefore, be integrated to the cadre of District Judges. It seems to us that providing an appeal to the Court of Session under Section 374 cannot be a decisive factor to determine the equation of post of CMM.
6.40 It may be stated that the conviction and sentence rendered by the Metropolitan Magistrate are also appealable to the Court of Session under Section 374(3) of the Code. But, the Metropolitan Magistrates are not subordinate to the Sessions Judge. They are subordinate only to CMM subject to the general control of the Sessions Judge.
6.41 It may further be noted that in some High Courts, there is a provision for appeal to the Bench of two Judges against the order and judgment of the single judge of the same Court. Such a provision does not mean that the single judge of the High Court is subordinate to the Bench of two other judges. All judges of the High Court are of equal rank and status. The appeal is a right conferred on the litigant to enable the Court to have a second look over the matter.
6.42 The State of Haryana, relying upon the decision of the Supreme Court in M.L. SHARMA AND OTHERS v. UNION OF INDIA AND OTHERS*, has pleaded that the post of Chief Metropolitan Magistrate / Chief Judicial Magistrate should be integrated with the post of Civil Judge (Sr. Dn.).
6.43 We have perused the judgment. It does not support the argument advanced. The judgment is an authority for the proposition that even a category of post is included in the definition of "District Judge" under Article 236, it would be open to the State Government under appropriate Rules to classify such Officers as not District Judges proper and belong to a category different from that of District Judge category.
6.44 In the premise and for the aforesaid reasons, we equate CMM to the cadre of District Judges.
6.45 This takes us to the question of equation of the post of CJM. A cursory glance at the provisions of the Criminal Procedure Code, 1973 indicates that CJM outside the Metropolitan area is a counter-part of CMM in the Metropolitan area. Both have similar powers and duties. Both have similar control and supervisory powers over the Magistrates in their respective jurisdiction.
______________________________________________________________
* WP (Civil) 442 of 1986 (1992 SCC (L&S) 1946 - 1992 Supp (2) SCC 430)

These then are the grounds urged for equating CJM to District Judge. But we cannot ignore the fact that CMM in a Metropolitan area functionally and legally stands on a higher footing. He has onerous duties and responsibilities.
6.46 Metropolitan area is an extensive area with population more than the District in which CJM is posted. Metropolitan area is of commercial importance unlike the Districts. The crimes committed in such city are of sophisticated nature, the disposal of which requires rich and special experience.
6.47 The Law Commission in its 37th Report has also recognised the importance and usefulness of the Presidency system of Magistrates and recommended the extension of it to bigger cities.
6.48 Besides, there are other aspects which distinguish CMM from CJM. Section 281 of the 1973 Code provides a simple procedure for recording memorandum of the substance of the examination of the accused by the Metropolitan Magistrates. The other Magistrates or a Court of Session has to record whole of such examination including every question put to the accused and every answer given by him.
Section 281, so far as relevant, provides:
"281. Record of examination of accused.- (1) Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court and such memorandum shall be signed by the Magistrate and shall form part of the record.
(2) Whenever the accused is examined by any Magistrate other than a Metropolitan Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf.
(3) to (6) xxx "
6.49 Again while rendering judgments, Metropolitan Magistrates need not write elaborate judgments in the manner required by the other Magistrate and Sessions Judge. It is sufficient if the Metropolitan Magistrates record only certain particulars in the judgment.
6.50 Section 355 reads as under:
"Metropolitan Magistrate’s judgment.- Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely -
(a) the serial number of case;
(b) the date of the commission of the offence;
(c) the name of the complainant (if any);
(d) the name of the accused person, and his parentage and residence;
(e) the offence complained of or proved;
(f) the plea of the accused and his examination (if any);
(g) the final order;
(h) the date of such order;


(i) in all cases in which an appeal lies from the final order
either under Section 373 or under sub-section (3) of Section 374, a brief statement of the reasons for the decision."
6.51 This pro
AMALGAMATION OF MULTIPLE CADRES INTO THREE UNIFORM CADRES
7.1 Generally, in most of the States and Union Territories, there are three cadres of Judicial Officers with uniform designations. But, in a few States, there are multiple cadres with different designations. One of the tasks of the Commission is to bring about uniformity in cadres and designations with uniform jurisdiction. This has become a necessity since the Commission proposes to provide uniform pay scales and other emoluments to Judicial Officers cadre-wise.
7.2 It may be stated that the Law Commission in the 14th Report has suggested that the State Judicial Service should have uniform designations in view of the more or less uniform functions performed by them. It observed:
"In view of the more or less uniform functions performed by the judicial officers so variously designated, it would, we think, be advisable to aim at a uniformity of designation. There is, however, a fundamental difference in the general scheme of distribution of judicial business between the lower grade of officers (munsifs) on the one hand, and the higher grade of officers (subordinate judges) on the other. The first has limited pecuniary jurisdiction while the second, generally speaking, has unlimited pecuniary jurisdiction. We would, therefore, suggest that the State Judicial Service-Class II should consist of civil judges who should be designated as Civil Judges of the senior and junior divisions. Officers corresponding to munsifs would be designated as civil judges (junior division) and those corresponding to subordinate judges would be designated as civil judges (senior division)."

7.3 While quoting with approval the aforesaid observations of the Law Commission, the Supreme Court in the All India Judges Association Case1 observed:
"We are inclined to adopt the view of the Law Commission. On the civil side, the State Judicial Service, therefore, should be classified as District or Additional District Judge, Civil Judge (Senior Division) and Civil Judge (Junior Division). On the criminal side, there should be a Sessions Judge or Additional Sessions Judge and below him there should be the Chief Judicial Magistrate and Magistrates provided for in the Code of Criminal Procedure. Appropriate adjustment, if any, may be made of existing posts by indicating their equivalence with any of these categories. The process of bringing about such uniformity would require some time and perhaps some monitoring. We direct that the Ministry of Law and Justice of the Union Government would carry on the monitoring activity and all the States and Union Territories would follow the pattern indicated above by March 31, 1993."
7.4 In the Review Judgment in All India Judges’ Association Case2, it has been reiterated in para 6 at page 2504 that –
"The Judiciary in this country is a unified institution judicially though not administratively. Hence uniform designations and hierarchy with uniform service conditions are unavoidable necessary consequences."
_______________________________________________________________
1. AIR 1992 SC 165 at 170 (para 14).
2. AIR 1993, SC 2493
7.5 Again, at page 2505, dealing with direction No.(ii) regarding Uniform Hierarchy and Designations, it has been observed as under:
"There is no serious objection raised by the review petitioners to have uniform hierarchy and give uniform designations to the Judicial Officers in different States and the Union Territories and to confer on them uniform jurisdiction directed by this Court."
7.6 At page 2510 dealing with direction No.(iv) regarding Uniform Pay Scales, it has been reiterated that –
"The uniform service conditions as and when laid down would not, of course, affect any special or extra benefits which some States may be bestowing upon their Judicial Officers."
7.7 Finally, in para 13 at page 2516/2517, it has been clearly laid down as under:
"Any clarification that may be required in respect of any matter arising out of this decision will be sought only from this Court and from no other Court. Further, the proceedings, if any, for implementation of the directions given in this Judgment shall be filed only in this Court and no other Court shall entertain them."
7.8 The Supreme Court has indicated that in every State and Union Territory, there should be, on civil side three cadres, viz.,
(i) District Judge / Additional District Judge;
(ii) Civil Judge (Senior Division)
(iii) Civil Judge (Junior Division)

7.9 On the criminal side, there should be Sessions Judge / Additional Sessions Judge and below him there should be the Chief Judicial Magistrate and below him Magistrates provided for in the Code of Criminal Procedure.
7.10 Though the time-limit has been prescribed by the Supreme Court for every State and Union Territory to bring about the aforesaid uniformity in cadres and designations, there still remain in some States multiple cadres with different designations.
7.11 Commission, therefore, in the Questionnaire, has formulated the following question:
"1. It is proposed to restructure the existing Judicial Service in all States / UTs uniformly into three cadres with the same designations as observed by the Apex Court viz., (i) District Judge / Additional District Judge; (ii) Civil Judge (Senior Division) and (iii) Civil Judge (Junior Division).
How many cadres are there in your State / UT? Please specify them and if there are more than three cadres, indicate how they could appropriately be assimilated into the said three cadres and designations without impairing the incumbents’ scales of pay, seniority, chances of promotion and other benefits."
7.12 Response to the question from the High Courts, State Governments and Judicial Officers Associations are various and varied. They will be referred to when the cadre structure of such States is examined, but before doing so, it will be useful to bear in mind certain principles governing the integration of services and the consequences of such integration.
7.13 In RESERVE BANK OF INDIA v. N.C. PALIWAL AND OTHERS3, the Supreme Court observed that integrating different cadres into one cadre in Government service and preparing one combined seniority scheme does not offend Article 14 or 16 of the Constitution. The Court observed:
"Article 16 a fortiori also Article 14 do not forbid the creation of different cadres for government service. And if that be so, equally these two Articles cannot stand in the way of the State integrating different cadres into one cadre. It is entirely a matter for the State to decide whether to have several different cadres or one integrated cadre in its services. That is a matter of policy which does not attract the applicability of the equality clause. The integration of non-clerical with clerical services sought to be effectuated by the Combined Seniority Scheme cannot in the circumstances be assailed as violative of the constitutional principles of equality."
7.14 In STATE OF MAHARASHTRA AND ANOTHER v. CHANDRAKANT ANANT KULKARNI AND OTHERS4, the Supreme Court observed that integration of services and equation of posts is purely an administrative function and mere chances of promotion are not conditions of service and if there is a reduction in the chances of promotion consequent on the integration of services, it did not tantamount to a change in the conditions of service. A right to be considered for promotion is a term of service, but mere chances of promotions are not.

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3. (1976) 4 SCC 838 equivalent to (1977) 1 SCR 377.
4. (1982) 1 SCR 665 equivalent to (1981) 4 SCC 130.
7.15 The above principles have been reiterated in HYDRO-ELECTRIC EMPLOYEES’ UNION AND OTHERS v. SUDHIR KUMAR SHARMA AND OTHERS5 and UNION OF INDIA AND OTHERS v. S.C. DUTTA AND OTHERS6.
7.16 From the aforesaid observations, it will be seen that the integration of services and equation of posts is purely an administrative function and it will not impinge upon the equality clause guaranteed under Article 14 or 16 of the Constitution, provided that the equation of posts has been done by following certain principles. The principles are: (i) Where there are similar posts, there will be little difficulty in intergrating or equating the posts; (ii) Where, however, there are no such similar posts, the following factors will have to be taken into consideration in determining the equation of posts:
(a) Nature and duties of a post;
(b) Powers exercised by the officers holding a post, the extent of Territorial or other charge held or responsibilities discharged;
(c) The minimum qualifications, if any, prescribed for recruitment to the post;
(d) The salary of the post.
7.17 These principles were also the basis for equation and integration of services allotted from one State to another consequent on the Reorganisation of the States in 1956. The Supreme Court in a long line of decisions starting from
_______________________________________________________________
5. (1998) 6 SCC 706.
6. (1991) 1 SCC 505 at 511.

THE UNION OF INDIA AND ANOTHER v. P.K. ROY AND OTHERS7 has accepted those principles as the correct principles for equation of posts for giving common pay scales.
7.18 Before we examine the State-wise cadres in detail for the purpose of restructuring multiple cadres, if any, into uniform three cadres in every State / UT, we may first dispose of one or two hotly contested issues, agitating the minds of Judicial Officers.
(i) CHIEF METROPOLITAN MAGISTRATES / CHIEF JUDICIAL MAGISTRATES (CMM / CJM):
7.19 Elsewhere, the Commission has, in detail, examined the position and powers of the CMM / CJM. There, we have suggested that in Metropolitan Cities, the post of CMM should be in the cadre of District Judges. It is not necessary to restate the reasons in support of our conclusion and we proceed on that basis.
7.20 In some States, however, the CJM and CMM are both in the cadre of District Judges. In the view that we have taken that CMM alone should be in the cadre of District Judges and the CJM should be deleted from that cadre, the latter shall fall to be included in the middle cadre of Civil Judges (Sr. Divn.). The respective States may kindly make these necessary alterations and amendments while restructuring their existing cadres.
METROPOLITAN MAGISTRATES :
7.21 The Metropolitan areas are declared under Section 8 of the Code of Criminal Procedure comprising of City or Town whose population exceeds one Million. But in actual practice, the population in some of the Metropolitan
_______________________________________________________________
7. (1968) 2 SCR 186.
areas is exceeding 5 millions. The usual crimes in such areas are more complex, sophisticated and sensitive. We find more of white collared criminals in such areas. The trial of such cases requires more experience and mature judicial mind. Even grant of Judicial / Police remand of the accused involved in such cases needs careful examination. Keeping in view the nature of the cases in the Metropolitan areas, we consider that the Metropolitan Magistrates should be in the cadre of Civil Judge (Sr. Divn.) and accordingly, recommend to every State to post only such Officers.
7.22 Needless to state that the Civil Judges (Sr. Divn.) must have been duly promoted in accordance with the prescribed qualification and if it is not repetitive, we have emphasized that the minimum eligibility for promotion to the cadre of Civil Judges (Sr. Divn.) is 5 years service as Civil Judges (Jr. Divn.). The same principle should apply while promoting and posting the Metropolitan Magistrates.
CITY CIVIL COURT JUDGES :
7.23 Six States have established City Civil Courts in their respective metropolitan cities, viz., (1) Hyderabad City (Andhra Pradesh State); (2) Ahmedabad City (Gujarat State); (3) Bangalore City (Karnataka State); (4) Bombay City (Maharashtra State); (5) Madras City (Tamil Nadu State); and (6) Calcutta City (West Bengal State).
7.24 The Judges of the City Civil Courts of Hyderabad, Bangalore, Madras and Calcutta form part of the general cadre of State Judicial Service. But the City Civil Court Judges at Bombay and Ahmedabad constitute separate cadres with slightly higher pay scales than that of the general cadre of District Judges.

HISTORICAL BACKGROUND OF THE CITY CIVIL COURTS OF BOMBAY AND AHMEDABAD :
7.25 The City Civil Court at Bombay was established pursuant to the Bombay City Civil Court Act, 1948 and in 1950, the City Civil Court was constituted with the jurisdiction to receive, try and dispose of all suits and other proceedings of civil nature arising within the Greater Bombay, except suits or proceedings which are cognizable by the High Court.
7.26 The City Civil Court shall be deemed to be a Court subordinate to and subject to the superintendence of the High Court within the meaning of the Letters Patent of the High Court and the Code of Civil Procedure 1908.
7.27 Appeal shall lie to the High Court from: (a) every decree passed by the judge of the City Civil Court and (b) such orders passed by the said Judge as are specified in and to the extent provided for by Section 104 of the Code of Civil Procedure, 1908.
7.28 The Principal Judge / Additional Principal Judges and Judges, City Civil Court, preside over the City Civil Courts, Mumbai. The Judges of the City Civil Court, Mumbai are selected from amongst the practising Advocates of the Bombay Bar as well as from the Bar of the various Districts in the State. Promotions are made to this cadre from the Chief Judge / Additional Chief Judges, Small Causes Court, Chief Metropolitan Magistrate / Additional Chief Metropolitan Magistrates, District Judges and Additional District Judges.
7.29 The Principal Judge / Additional Principal Judges, City Civil Court are promoted by selection from amongst the Judges of the City Civil Court or by transfer of District Judges (Selection Grade).
7.30 The jurisdiction of the City Civil Court was at its inception limited to Rs.10,000/- and subsequently increased to Rs.25,000/- and then to Rs.50,000/- by the enactment of Maharashtra Act, 49 of 1977. With the amendment of the Bombay City Civil Court Act and by issuance of a notification, the original civil jurisdiction of the High Court has been transferred to the City Civil Court subject to certain exceptions listed therein. The notification, however, is under challenge and the matter appears to be presently pending in the Hon’ble Supreme Court.
AHMEDABAD CITY CIVIL COURT :
7.31 The set up of Ahmedabad City Civil Court was bodily lifted from the set up of the City Civil Court at Bombay. Civil and Criminal Courts for the city of Ahmedabad were constituted by the Ahmedabad City Courts Act, 1961 to try cases within the limits of the city of Ahmedabad as constituted under the Corporations Act, except suits or proceedings which are cognizable by the High Court and the Small Causes Court.
7.32 The City Civil Court shall be deemed to be a Court subordinate to and subject to the superintendence of the High Court within the meaning of the Code of Civil Procedure, 1908.
7.33 An appeal shall lie to the High Court from every decree passed by any Judge of the City Civil Court, and such orders passed by such Judges as are specified in, and to the extent provided by Section 104 of the Code of Civil Procedure, 1908.
7.34 The City Civil Court, Ahmedabad comprises of Principal Judge / Additional Principal Judge and Judges.
7.35 The method of recruitment is provided under the Gujarat Judicial Recruitment Service Rules.
7.36 The Judges, City Civil Court, Ahmedabad, are selected from amongst the Members of the Bar, District Judges, Chief Judge, Small Causes Court and Chief Metropolitan Magistrate or by transfer from District Judges through High Court.


7.37 The Principal Judge/Additional Judge are selected from amongst the Judges of the City Civil Court, District Judges or from the members of the Bar.
7.38 The Principal Judge will make arrangements as he may think fit for the distribution of the business of the Court among the various other Judges thereof.
7.39 The question is whether the Judges of the City Civil Courts of Bombay and Ahmedabad should continue to constitute separate cadre.
BOMBAY CITY CIVIL COURT JUDGES :
7.40 The Bombay High Court, after analysing the two judgments of the Supreme Court in the All India Judges’ Association Case, has stated that "separate cadre of the Judges of the City Civil Court cannot now be retained and it is necessary to make them part of the general cadre of District and Sessions Judges."
7.41 This view gets the fullest support from the Maharashtra State Judicial Service Association.
7.42 The Government of Maharashtra also concurs with that view. The Government has stated that it would be better to make the City Civil Court Judges as part of the general cadre so that the Judge working in one area may get the experience of litigation available in the other area.
7.43 But the Judges of the City Civil Court, Bombay have a different story to tell. By referring to the historical background of the City Civil Court for Bombay City, they have concluded that the Judges of the City Civil Court are intermediary Judges between the District Judges and the High Court Judges. Their contentions, inter alia, are as follows:
7.44.1 That the creation of the Bombay City Civil and Sessions court was necessitated due to the peculiar circumstances prevailing at that time. The increasing commercial activity in that part of the City and large influx of people from all over the country, led to a spate of commercial and other litigations. The Bombay High Court found itself burdened with heavy load of work, which the High Court was primarily not meant to handle, viz., acting as a Court of Appeal. Accordingly, the Bombay City Civil Court was set up with a limited pecuniary jurisdiction, which has been increased from time to time.
7.44.2 That Bombay City is not only a State capital but also the commercial capital of the country and a centre of World Trade which give a special and distinct position to the City, bearing the brunt of the changing nature of litigation. Some of the cases are sensitive in nature and the Judges were trying them insulated against threats and other dangers arising from the peculiar nature of such cases.
7.44.3 That the rise in the living standard of the citizens generally in the Bombay Metropolis makes it obligatory for the Judges of the Courts to maintain a standard of living in keeping with, if not higher, than the standard maintained by the other inhabitants of the Metropolis. The cost of living in Mumbai City is much higher than in the Districts of Maharashtra.
7.44.4 That the City Civil Court entertains a wholly different kind of litigation and cases than the Trial Courts in the other Districts in the rest of the State and that is the reason why the pay scales of the Judges of the City Civil Court are at a higher level than those of the District Judges in the rest of the State.
7.45 In this context, it is necessary to refer to the two Writ Petitions filed in the Bombay High Court, namely, W.P.No.3634 of 1998 and W.P.No.1165 of 1992 – MAHARASHTRA STATE JUDICIAL SERVICE ASSOCIATION v. STATE OF MAHARASHTRA.
7.46 In the first Writ Petition, the prayer made by the Judicial Officers’ Association working in the mofussil area was for fixation of pay structure and revision of service conditions of Judicial Officers working in the mofussil area of Maharashtra on par with the pay scale available to the Judicial Officers working in the City of Bombay.
7.47 In the second Writ Petition, the prayer made was for uniform rules for the Judges of Family Court in the State of Maharashtra. We will separately consider that matter.
7.48 The High Court referred both the Writ Petitions for consideration by this Commission. We have considered the issues raised and in the view that we propose to take on uniform pay scales, it is not necessary to deal those issues separately.
G.B. BADKAS COMMISSION :
7.49 The Report of the Maharashtra Pay Commission 1965-66 headed by Shri Justice G.B. Badkas, former Judge of the Bombay High Court, needs to be referred. In the elaborate report, he has recommended the parity in the pay scales of the Officers working in mofussil areas and the Officers working in the City of Bombay. In Chapter IX para 33 at page 102 of the Report, it is stated as follows:
"When pay scales are determined on the basis of nature of duties and responsibilities, the factor of geographical location of the department or establishment obviously becomes irrelevant and pay scales which include such element and confer monetary benefits on that account, deserve to be discontinued. Considered from any point of view and after giving our anxious consideration to all aspects of the problem, we recommend that city scales should be abolished. We broadly base our conclusions on the ground that: (i) public service of the State is one service; (ii) that it is illogical that pay rates should be designed separately for small area and for a small part of the services; (iii) that the existing city scales give preferential treatment to the employees covered by them and as such are discriminatory; (iv) that these scales offend principle of equal pay for equal work."


7.50 The Commission is in agreement with most of the principles stated by BADKAS COMMISSION.
AHMEDABAD CITY CIVIL COURT JUDGES :
7.51 The Gujarat High Court is not in favour of merging the City Civil Court Judges into the common cadre in the State Judicial Service. They want to keep the Judges of the City Civil Court as a separate cadre with different pay scales.
7.52 The High Court has given the following among other, reasons:
"1. The City Civil Court was established to lessen the burden of High Court as in Bombay and the Judges are entrusted the type of work which otherwise would be required to be done by the High Court Judges, on original side.
2. The Judges of City Civil Courts summarily decide suits involving unlimited pecuniary jurisdiction in accordance with separate procedural rules. Often suits involving claim of crores of rupees have to be decided in the Chamber proceedings requiring quick grasp and the decision making capacity of high order.
3. The City Civil Court Judges have powers of Sessions Court and the matters investigated by CBI in the State are being tried by the City Sessions Court.
4. The City Sessions Court Judge hears appeal from the decision of the Metropolitan Magistrate.
5. One of the City Civil Court Judges works as Transport Appellate Tribunal for the entire State. The Judges also hear queries against the orders of the Commission for taking Account.

6. The Principal Judge of the City Civil Court writes confidential reports of Chief Metropolitan Magistrate, Addl. Chief Metropolitan Magistrate and other Metropolitan Magistrates in addition to writing the confidential reports of the staff including gazetted staff.
7. While appointing direct recruits from the Bar to the cadre of City Civil Court Judges and District Judges, more meritorious candidates are appointed to the City Civil Courts.
8. The City Civil Courts earned a revenue of about Rs.2 crores in 1997 by way of court fees.
9. The industries in the city and the type of municipal and other litigation have no parallel in other Courts of the State.
10. The nature and quantum of matters like insolvency matters, company matters and intellectual property law matters are much higher in Ahmedabad city than in other places of State.
11. In view of the decision of the High Court in N.J. MANKAD v. STATE reported in 24(2) GLR 897, it is clear that the post of Judge of City Civil Court was treated as a post of promotion from amongst the Senior District Judges.
12. As an Appellate Judge, the Judge of the City Civil Court hears number of appeals arising under Public Premises (Eviction of unauthorised occupants) Act, 1972; Appeals under Trust Act, Appeals against orders of Town Planning Act, Essential Commodities Act; Prevention of Food Adulteration Act; Motor Vehicles Act, 1988 etc.,
13. Under the Ahmedabad City Civil Courts Act, suits are divided into summary suits, short causes, commercial causes and long causes. The procedure for summary suits was adopted to prevent dishonest and frivolous defences by parties and to avoid delay. Procedure for summon for judgment notices of motions for hearing the application for injunctions, summons for direction etc., are adopted. Special Judge is allotted Chamber work by rotation for every three months."
7.53 The Ahmedabad City Civil Court Judges wholly support the view taken by the High Court of Gujarat. Besides, they have stated that Ahmedabad has its distinct tradition, convention and litigation patterns which cannot be compared with other mofussil cities. The High Court of Gujarat has consistently acknowledged and recognised the superior status of City Court cadre. They have also emphasised that the superior status of judicial officers of City Court which consists of direct recruits from the Bar, who have been selected in terms of their merits and the district judges who are likewise considered for the post in terms of their relative merits by selection, even at the cost of bypassing some senior district judges who have staked their claims for the appointment to this cadre, is maintained.
7.54 Government of Gujarat, however, has taken a contrary view. According to the Government, it is necessary to integrate the cadre of Judges of City Civil Court, Ahmedabad and the District and Sessions Judges into one common cadre. The Government has also referred to their Resolution dated 8 March 1977 whereunder it was decided to integrate the cadres of the Judges of the City Civil Court, Ahmedabad and the District and Sessions Judges into one common cadre to be known as Higher Judicial Service Cadre. The Resolution also provides for protection of the pay and pay scales of the Judges of the City Civil Court, even in the pay scales assigned to the integrated cadre. That Resolution has, however, been kept in abeyance until further orders, at the request of the High Court, by Resolution dated 7th June 1977.
7.55 Mr. Justice B.J. Diwan (Rtd.), former Chief Justice of Gujarat High Court and Andhra Pradesh High Court, in a separate Memorandum, has also emphasised the need to maintain separate status to the Ahmedabad City Civil Court Judges.
7.56 But the Gujarat Judicial Service Association, Ahmedabad, representing the Judicial Officers of the entire State, except the Judges of the City Civil Court, have stoutly opposed the suggestion to continue the separate cadre for the City Civil Court Judges. They have given both factual and legal reasons and proof in support of their contention that there is absolutely no difference between the powers and jurisdiction of the City Civil Court Judges at Ahmedabad and other District Judges of the State.
7.57 They have referred to Section 12 of the Ahmedabad City Courts Act, 1961 to show that the Civil Court has unlimited original civil jurisdiction for the District concerned in the same way as the City Civil Court of Ahmedabad. They have contended that the District Courts are not required to deal with the civil suits since there are Civil Courts subordinate to the District Courts with unlimited jurisdiction and in view of Section 15 of the Code of Civil Procedure, when two Courts have concurrent jurisdiction, the matter is required to be dealt with and tried by the lowest Court.
7.58 Their case is that since there is no Civil Court subordinate to the City Civil Court at Ahmedabad, it is incumbent upon the City Civil Court at Ahmedabad to try the original civil suits.


7.59 They have also relied upon Section 61-D of the Indian Forests Act, 1927; Section 29 of the Bombay Rent Hotel Lodging House Rates Control Act and Section 54 of the Gujarat Town Planning and Urban Development Act, 1976, to prove that the District Judges are placed on par with the Principal Judge of the City Civil Court. They have laid emphasis on the mode of appointment of the District Judge as the Judge of the City Civil Court by transfer, which according to them, is a clear pointer that the District Judges are on par with the City Civil Court Judges.
OUR VIEWS :
7.60 We have given consideration to the rival contentions on the question whether the City Civil Court Judges of Bombay and Ahmedabad should form a separate cadre with different pay scales. Much of the arguments advanced for retention of such system are based on historical background about the need to constitute the City Civil Courts. We are not for a moment belittling the historical reasons or the compelling circumstances justifying the continuance of City Civil Courts. Indeed we are for continuing the system of City Civil Courts with all the existing procedure and powers that are being exercised. We are only concerned as to whether the City Civil Court Judges should continue to be a distinct cadre with different pay scales?
7.61 It is alleged that the special type of commercial litigation is only prevalent in Cities like Bombay and Ahmedabad. But, it is common experience that such litigations are not confined only to Metropolitan Cities. They are not uncommon in other cities. Indeed, such litigations frequently crop up in other cities as well.
7.62 It cannot therefore, be claimed that the City Civil Court Judges of Bombay and Ahmedabad should be treated as a separate cadre with higher emoluments in view of the pattern of litigations that they are saddled with.

7.63 It seems to us that keeping the City Civil Court Judges in one place without being transferred to District Courts would be depriving such Judicial Officers of acquiring varied judicial experience. The experience gained in City Civil Court may be narrowly tailored and not broad based. The experience in working in different Courts would be an asset to Judicial Officers. The overall judicial experience gained by working in different centres would be immensely useful to them for handling the judicial work in the High Court, when they are elevated to the Bench of the High Court.
7.64 It cannot also be contended that the City Civil Court Judges constitute an intermediary cadre between the High Court Judges and District Judges.
7.65 This argument is not tenable. We have a unified judiciary based on cadre system. City Civil Court judges belong to the category of District Judges, who are below the High Court Judges. They cannot be treated as an intermediate cadre or Hybrid cadre between the judges of the High Court and the District Judges. This aspect becomes more clear if one peruses the expression of "District Judge" as defined under Article 236 (a) of the Constitution, which reads as follows:
"236(a). The expression ‘District Judge’ includes Judge of a City Civil Court, Additional District Judge, Joint District Judge . . . . . . ."
7.66 It will be seen from the above definition of the ‘District Judge’, that the Judge of a City Civil Court falls within the category of District Judge / Addl. District Judge / Joint District Judge, etc. . . . . . . .
7.67 There is yet another reason in support of our conclusion. The method of recruitment to the City Civil Court Judges of Bombay and Ahmedabad includes among others the appointment by transfer of Senior District Judges. This presupposes that the general cadre of District Judges is on par with the City Civil Court Judges, since appointment by transfer is possible only of persons belonging to equivalent cadres.
7.68 In the premise, we are firmly of the opinion that there is no basis now to keep the City Civil Court Judges out of the main stream of State Judicial Service. It would be proper and just to include them in the general cadre of State Judicial Service. We respectfully agree with the view of the High Court of Bombay.
7.69 We may say a word or more before parting with this matter. If the High Court considers that more experienced judges are needed in the City Civil Court, it is always open to the High Court to post such senior judicial officers in the City Civil Courts. Even the existing special emoluments, if any, allowed to the City Civil Court Judges, may be protected treating them as personal or attached to the posts. It is for the High Court to pass such orders, if necessary, in this regard.
SMALL CAUSES COURT JUDGES :
7.70 The Judges of the Court of Small Causes, Mumbai / Ahmedabad, appointed under the Presidency Small Causes Court Act, 1882, contend that the judicial function performed by them is unique in character and has no comparison with the judicial function of any other judge in other cadres in the subordinate judiciary. They contend that they are appointed by way of promotion from the Civil Judges (Sr. Divn.); or Civil Judges (Jr. Divn.), in case of Civil Judges (Jr. Divn.) who have put in more than 7 years service or appointed from advocates practising more than 5 years.
7.71 They have made reference to Section 8 of the Presidency Small Causes Court, Act, 1882. It provides that the Chief Judge shall be the first of the Judges in rank and precedence. Section 42 of the said Act provides for an appeal from a decree or order made by the Small Causes Court exercising jurisdiction under Section 41, to a Bench of two Judges of the said Court. They have relied upon the observation of the Bombay High Court in SHOBHANA v. RAMACHANDRA8, wherein, Rule 9(2) of the Bombay Rent Control Rules giving preference to opinion rendered by the Sr. Judge on a Bench of two Judges of the small causes court, Bombay has been struck down on the ground, "judges who are equal in rank enjoyed equal powers and jurisdiction as far as judicial work is concerned". Their further case is that under certain rules of recruitment, the distinct status of the Small Causes Court Judges in all Metropolitan / Presidency Town has been maintained and, therefore, they should be put on higher footing than the Civil Judges (Sr. Divn.) and Chief Judicial Magistrates, or at least on par with the Additional District Judges. In other words, they want them to be equated with the District Judges.
7.72 The claim made by the Judges of the Court of Small Causes, Mumbai / Ahmedabad has been opposed by the Maharashtra and Gujarat State Judicial Officers’ Associations. They have contended that the Small Causes Court judges could be equated only with the Civil Judges (Jr. Divn.).
7.73 The High Court of Bombay has stated that while unifying subordinate judicial service into three tier system, Small Causes Court Judges will have to be included in the second tier, i.e. of Civil Judges (Sr. Divn.), and Chief Judges, Small Causes Court / Additional Chief Judge, Small Causes Court are to be included in the first tier viz., the cadre of District and Sessions Judges.
7.74 The High Court of Gujarat has also stated that the Judges of the Provincial Small Causes Court are to be included in the second tier along with the Civil Judges (Sr. Divn.). / Chief Judicial Magistrates / Metropolitan Magistrates.
7.75 It seems to us that the question of equation of Small Causes Court Judges must be left to the decision of each High Court, since there is no uniformity in their cadres. In some States, Civil Judges (Jr. Divn.) are empowered to exercise Small Causes Court jurisdiction and that too on varied terms. In Metropolitan Cities, Civil Judges (Sr. Divn.) are having such jurisdiction. It is not desirable to bring about uniformity in their cadres in all States. We, therefore, leave this matter to be examined and decided by the High Court of each State / UT.

8. 1996 (1) MH.L.J. 751.
7.76 We, however, recommend that Chief Judge, Small Causes and Additional Chief Judge, Small Causes having regard to their supervisory powers and jurisdiction, be included in the cadre of District Judges in all States UTs as rightly pointed out by the High Courts of Bombay and Gujarat.
RENT CONTROL JUDGES :
7.77 In some States, Rent Control cases in urban areas are handled by Civil Judges (Sr. Divn.) and in some States, they are handled by the Civil Judges (Jr. Divn.). There is no uniformity even in this regard. Therefore, we do not want to suggest that all Rent Controllers in all States should be included in the same cadre. We leave this question also to the decision of the concerned High Court.
LABOUR JUDICIARY - LABOUR COURTS / INDUSTRIAL COURTS :
7.78 The pattern of Labour Judiciary in Maharashtra and Gujarat is almost identical, but that is not reflected in other States. There are three enactments operative in Maharashtra and Gujarat: (1) The Bombay Industrial Relations Act, 1946; (2) The Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971; and (3) The Industrial Disputes Act, 1947.
7.79 One of the Labour Court Judges by name Sri G.P. Sharma filed an Intervening Application No.69/98 in Supreme Court in W.P.(C) No.1022/1989 in the ALL INDIA JUDGES ASSOCIATION AND OTHERS v. UNION OF INDIA AND OTHERS, inter alia, contending that there is acute disparity and inequality in the pay scales, service conditions and other benefits extended to the Presiding Officers of the Labour Court and Industrial Courts, vis-à-vis, the Additional District Judges etc., and seeking issuance of a suitable direction to the Central Government to enlarge the terms of this Commission to examine the service conditions of the cadre of Labour Courts / Industrial Courts Judges.

7.80 On 9 February 1998, the said Intervening Application was withdrawn with liberty to the party to approach this Commission.
7.81 Thereafter, number of representations have been received, in particular from Maharashtra and Gujarat Labour Courts Judicial Officers Associations. The Commission also afforded an opportunity of being heard to their representatives.
7.82 Mr. V.P. Patil made his oral submissions during the course of the hearing on behalf of the Labour Judiciary in the State of Maharashtra and Gujarat. He has contended that there should be no disparity of pay scales between the Judges working in Labour and Industrial Courts; and there should be uniform Special Pay for all the Labour Judiciary. He has also submitted that the age of retirement of Labour Judiciary should be raised to 65 and not to retire them at the age of 58 as it is currently being done. He has also pleaded for fixing uniform service conditions.
7.83 We do not think that we could examine all these contentions, since the Labour Judiciary in Maharashtra and Gujarat is quite different from that of other States.
7.84 However, the Judges of the Labour Courts and Industrial Courts / Tribunals are two common posts in all States / UTs. The Supreme Court in STATE OF MAHARASHTRA v. LABOUR LAW PRACTITIONERS’ ASSOCIATION AND OTHERS9 has observed that the said two posts must be held to belong to State Judicial Service, and their recruitment / appointment must be in accordance with the procedure prescribed to the Judicial Cadre.
7.85 We may state that those two posts are to be encompassed into the State Judicial Service by removing all outside control over them, and extending the pay scales and other benefits allowed to the corresponding posts in the Judicial Service.


9. AIR 1998 SC 1233.

7.86 Before parting with this subject, we have to refer to the existing pattern of judicial service in the following three States and one Union Territory viz.,
(1) Himachal Pradesh;
(2) Punjab;
(3) Haryana; and
(4) Delhi.
7.87 There are only two cadres in these States.
7.88 HIMACHAL PRADESH :
I. Himachal Pradesh Higher Judicial Service
comprising of:
i) District and Sessions Judge
ii) Additional District & Sessions Judge.
II. Himachal Pradesh Judicial Service
consisting of:
i) Senior Sub-Judge-cum-Chief Judicial Magistrate;
ii) Sub-Judge-cum-Additional Chief Judicial Magistrate;
iii) Sub-Judge-cum-Judicial Magistrate;
iv) Senior Sub-Judge-cum-Judge Small Cause Court.



7.89 PUNJAB :
I. Punjab Superior Judicial Service
comprising of:
District & Sessions Judge / Additional District & Sessions Judge.
II. Punjab Civil Service (Judicial Branch)
comprising of:
i) Civil Judge (Sr. Divn.) -cum- Additional Chief Judicial Magistrate
with unlimited pecuniary jurisdiction at each District HQs.
ii) Chief Judicial Magistrate -cum- Additional Civil Judge (Sr. Divn.)
with unlimited pecuniary jurisdiction at each District HQs.
iii) Additional Civil Judge (Sr. Divn.)-cum-Judicial Magistrate First Class
with limited pecuniary jurisdiction at each District HQs. as well as at each sub-division.
iv) Civil Judge (Jr. Divn.) - cum- Judicial Magistrate First Class and Second Class
with limited jurisdiction upto Rs.2.00 lakhs for initial period of 3 years and thereafter unlimited pecuniary jurisdiction.
7.90 HARYANA :
I. Haryana Superior Judicial Service
comprising of:
District & Sessions Judge / Additional District & Sessions Judge.
II. Haryana Civil Service (Judicial Branch)
comprising of:
i) Civil Judge (Sr. Divn.) -cum- Additional Chief Judicial Magistrate
with unlimited pecuniary jurisdiction at each District HQs.
ii) Chief Judicial Magistrate -cum- Additional Civil Judge (Sr. Divn.)
with unlimited pecuniary jurisdiction at each District HQs.
iii) Additional Civil Judge (Sr. Divn.)-cum-Judicial Magistrate First Class
with limited pecuniary jurisdiction at each District HQs. as well as at each sub-division
iv) Civil Judge (Jr. Divn.) - cum- Judicial Magistrate First Class and Second Class
with limited jurisdiction upto Rs.2.00 lakhs for initial period of 3 years and thereafter unlimited pecuniary jurisdiction.
7.91 DELHI :
I. Delhi Higher Judicial Service
comprising of:
(a) On the Civil side:
i) District Judge
ii) Addl. District Judge
iii) Rent Control Tribunal
iv) Addl. Rent Control Tribunal
(b) On the Criminal side:
i) Sessions Judge / Addl. Sessions Judge.
ii) Chief Metropolitan Magistrate / Addl. Chief Metropolitan Magistrate.
II. Delhi Judicial Service
comprising of:
(a) On the Civil side:
i) Senior Civil Judge
ii) Addl. Senior Civil Judge
iii) Judge, Small Causes Court
iv) Civil Judge, Rent Controller / Addl. Rent Controller
(b) On the Criminal side:
Metropolitan Magistrate
HIGHER JUDICIAL SERVICE IN (i) HIMACHAL PRADESH; (ii) PUNJAB; (iii) HARYANA; AND (iv) DELHI:
7.92 There cannot be any problem to equate the posts in Higher Judicial Service in all these three States and Union Territory of Delhi with the cadre of District Judges under our three-tier system. The States are, therefore, requested to include those posts in the cadre of District Judges.
7.93 The problem is with regard to the second cadre in these States which evidently does not fit into the three tier system which is mandated by the Supreme Court and which is also the basis upon which the entire report of the Commission is rested.
7.94 We have elsewhere stated that Civil Judge (Sr. Divn.) is exclusively a promotional cadre to the Civil Judge (Jr. Divn.) and promotion is to be made on the basis of merit-cum-seniority. We have prescribed the minimum experience of five years in the cadre of Civil Judge (Jr. Divn.) for being considered for promotion to the cadre of Civil Judge (Sr. Divn.). These principles are also incorporated in the "Draft Judicial Service Rules" which we have prepared for all States and Union Territories to follow. It is on this basis we have recommended uniform pay scales to the three Cadres with Career Progression Scales to the Officers in each of the Cadres.
7.95 We have elsewhere indicated that the Metropolitan Magistrates powers should not be conferred on Civil Judges (Jr. Divn.). They should always be in the cadre of Civil Judges (Sr. Divn.).
7.96 In the light of these principles, the High Courts of the above three States and the Union Territory are requested to dissect their Judicial Service other than the Higher Judicial Service / Superior Judicial Service into two distinct cadres, viz., Civil Judges (Jr. Divn.) and Civil Judges (Sr. Divn.).
* * * * *
8. RECRUITMENT TO THE CADRE OF
CIVIL JUDGES (JR. DIVN.) -CUM-MAGISTRATES FIRST CLASS
QUALIFICATION FOR RECRUITMENT :
8.1 Judicial Service in India is a career service with pyramidic structure of Courts. At the lower rung, there are judges called Munsiff-Magistrates since termed as Civil Judges (Jr. Divn.)-cum-Magistrates. Immediately higher is the cadre of Civil Judges (Sr. Divn.) / Chief Judicial Magistrates and above them Additional District and Sessions Judge / District and Sessions Judge. These cadres constitute the Subordinate Judiciary in every State. Over and above the Subordinate Judiciary is the High Court, which is the highest Court in the State, set up under Article 214 of the Constitution.
8.2 The Constitution prescribes the qualification for recruitment of District Judges and High Court Judges.
8.3 Article 233(2) provides that no person is eligible to be appointed a District Judge unless he has been an advocate or a pleader for not less than 7 years.
8.4 Article 217(2)(b) prescribes 10 years experience as an advocate for being eligible for appointment as a High Court Judge. Similar is the qualification for acquiring eligibility for appointment to the Supreme Court under Article 124(3)(d) of the Constitution.
8.5 But no such experience as an advocate or a pleader has been provided in the constitution for recruitment to the cadre of Civil Judge (Jr. Divn.)-cum-Magistrates First Class.
8.6 In view of this omission in the Constitution, States were free to prescribe any qualification and follow any method for selection. Some States were recruiting fresh law graduates without any experience at the Bar while other States insisted more than 4 to 5 years of Bar experience.

8.7 The Supreme Court in the ALL INDIA JUDGES€ ASSOCIATION CASE1 (AIR 1993 SC 2493) did not approve of the different qualifications prescribed by different States. The Court observed at p.2505 as follows:
"It has, however, become imperative, in this connection, to take notice of the fact that the qualifications prescribed and the procedure adopted for recruitment of the judges at the lowest rung are not uniform in all the States. In view of the uniformity in the hierarchy and designations as well as the service conditions that we have suggested, it is necessary that all the States should prescribe uniform qualifications and adopt uniform procedure in recruiting the judicial officers at the lowest rung in the hierarchy. In most of the States, the minimum qualifications for being eligible to the post of Civil Judge-cum-Magistrate First Class / Magistrate First Class / Munsiff Magistrate is minimum three years€ practice as a lawyer in addition to the degree in law. In some States, however, the requirement of practice is altogether dispensed with and Judicial Officers are recruited with only a degree of law to their credit. The recruitment of raw graduates as judicial officers without any training or background of lawyering has not proved to be a successful experiment. Considering the fact that from the first day of his assuming office, the judge has to decide, among others, questions of life, liberty, property and reputation of the litigants, to induct graduates fresh from the Universities to occupy seats of such vital powers is neither prudent nor desirable. Neither knowledge derived from books nor pre-service training can be an adequate substitute for the first-hand experience of the working of the Court-system and the administration of justice begotten through legal practice.


1. AIR 1993 SC 2493.


The practice involves much more than mere advocacy. A lawyer has to interact with several components of the administration of justice. Unless the judicial officer is familiar with the working of the said components, his education and equipment as a Judge is likely to remain incomplete. The experience as a lawyer is, therefore, essential to enable the judge to discharge his duties and functions efficiently and with confidence and circumspection. Many States have hence prescribed a minimum of three years€ practice as a lawyer as an essential qualification for appointment as a judicial Officer at the lowest rung. It is, hence, necessary that all the States prescribe the said minimum practice as lawyer as a necessary qualification for recruitment to the lowest rung in the judiciary.
xxx xxx xxx
xxx xxx xxx
We, therefore, direct that all States shall take immediate steps to prescribe three years€ practice as a lawyer as one of the essential qualifications for recruitment of the judicial officer at the lowest rung."
8.8 Pursuant to these directions, almost all States have fallen in line by prescribing the minimum Bar experience as three years of qualification for recruitment.
8.9 Some States, however, have prescribed more than three years since the Supreme Court has mandated only the minimum qualification.
10.We may set out below the existing methods followed by the States andUnion Territories for selection of Civil Judges (Jr. Divn.).


ANDHRA PRADESH
(i) Rules
Andhra Pradesh State Judicial Service Rules, 1962.
(ii) Qualification
a) By Direct Recruitment :
i) Must not have completed 38 Years of age.
ii) Must be actually practising as an Advocate of a High Court or as a First Grade Pleader with a degree in Law of a University.
iii) Must have been actually practising in Court of Civil and Criminal Jurisdiction for a period of not less than three years;
Provided in case of a person who is already in Govt. Service and applies for Civil Judge (Jr. Dn.) by direct recruitment, he must have actually practised for a period of not less than 3 years immediately prior to the date of his entering Govt. Service.
b) Recruitment by transfer :
i) Must not have completed 45 years of age
ii) (a) Must possess a degree in Law of any University in India.
(b) Must have passed the examination in Law of Practice and Procedure of the Andhra Pradesh Bar Council or equivalent thereto.
(c) The age-limit in the case of candidates belonging to Scheduled Castes / Schedule Tribes & the backward classes for direct recruitment shall be 43 years.
(iii) Procedure for selection
After holding the written & oral examinations specified in the schedule to these rules.
(iv) Authority for Selection
The High Court.
(v) Examination
a) Written
For Dist. Munsiff ( Civil Judge Jr. Dn.)
Number of papers - 2
Total Marks - 200
b) Viva Voce
For Dist. Munsiff ( Civil Judge Jr. Dn.)
Total Marks - 25
(vi) Training
(a) Institutional
Andhra Pradesh Judicial Academy at Hyderabad
(b) Duration
4 months
(vii) Probationary period
Two years probation.
* * * * *
EXTRACT OF THE ANDHRA PRADESH STATE JUDICIAL SERVICE RULES, 1962
1. Short Title and Commencement :
(1) These rules may be called the Andhra Pradesh State Judicial Service Rules.
(2) These rules shall be deemed to have come into force on the 1st April, 1958.
2. Definition :
(3) "Appointing authority" means:-
(b) in the case of the appointment to the post of District Munsiff by direct recruitment or by transfer, the Governor; and
(8) "District Munsiff" shall include-
i) Munsiff Magistrate
ii) City Magistrate
iii) Assistant Judge, City Civil Court
iv) Railway Magistrate
v) Municipal Magistrate; and
vi) Magistrate of the Juvenile Court
3. Constitution: The Service shall consist of the following categories of officers namely:-
Category 1 . . . Subordinate Judges
Category 2 . . . District Munsiffs
Category 3 . . . Judicial Second Class Magistrates


4. Appointments:
AD-HOC RULE :
Notwithstanding anything contained in the A.P. State Judicial Service Rules, on the commencement of this rule the appointment to the category of District Munsiffs shall be only by the methods of direct recruitment and appointment by transfer:
Provided that the vacancies in this category shall be filled by rotation in which direct recruitment and appointment by transfer shall be in the order specified below, in every cycle of five vacancies:
First vacancy ... Direct recruitment
Second vacancy ... Direct recruitment
Third vacancy ... Direct recruitment
Fourth vacancy ... Direct recruitment
Fifth vacancy ... Transfer
The ad-hoc rule hereby and shall be deemed to have come into force on the 12th October 1981.
Note: G.O. Ms. No.406, Home (Cts.C) Dept., dt. 19.7.85.
5. Preparation of lists of approved candidates:-
1.The High Court of Andhra Pradesh, shall from time to time after holding the examinations in accordance with the scheme specified in the Schedule to these rules for the candidates for appointment by Direct Recruitment and by Transfer to the posts of District Munsiffs prepare lists of persons considered suitable for appointment thereto.



(2) The High Court shall notify the vacancies as per the estimate of vacancies prepared for the year of recruitment, i.e. calendar year, invite applications, scrutinise them, conduct examinations both written and oral, prepare the select lists on the basis of the merit, by following the rule of reservation and send the said lists to the Government for approval of the selection and issuing orders for appointment as District Munsiffs. On appointment they will be imparted training in batches and given posting orders by the High Court.
(3) The list of the approved candidates to be prepared by the High Court shall contain not more than such number of candidates as are equal to the number of notified vacancies.
6. Training: Approved candidates shall undergo before appointment to a category such training as may be prescribed by the State Government and shall execute a bond as may from time to time be prescribed by the Government.
12. (a) General qualifications: No person shall be eligible for appointment to the service unless €
(i) he is a citizen of India;
(ii) his character and antecedents are such as to qualify him for such appointment; and
(iii) he is of sound health and active habits and free from any bodily defect or infirmity making him unfit for such appointment.
(b) Special qualifications: No person shall be eligible for appointment to the post of District Munsiff by the method specified in column (1) of the table below unless he possess the qualifications specified in the corresponding entries in column (2) thereof.
Note (1): References to age in the table and sub-rule (c) below shall be deemed to be references to age as on the first day of July of the year in which the appropriate list of approved candidates is prepared. The candidates should possess the other qualifications at the time when they apply.
*Note (2): The age limit prescribed in the table and sub rules (c), (d) and (e) shall be raised uniformly by a period, not exceeding the period during which recruitment to the posts fell due but was not made.
Provided that during the period which had elapsed since the recruitment to the posts was last made, the recruitment thereto would have fallen due but was not made.
(G.O. Ms. No.1718 Home (courts.A) dt.17.12.75).
Method of appointment
(1)
Qualifications
(2)
DISTRICT MUNSIFFS
By Direct Recruitment
1.Must not have completed 38 years of age.

2.Must be actually practising as an Advocate of a High Court in India or as a First Grade Pleader admitted as such by a High Court in India provided that in the case of a candidate who is a First Grade Pleader he must have been in possession of a degree in law of a University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or an Institution recognised by the University Grants Commission, at the time of his Admission as a First Grade Pleader.

3.Must have been actually practising in court of Civil or Criminal Jurisdiction in India for a period of not less than three years."

Provided that in the case of a person who is already in Government service and who applies for appointment to the post of District Munsiff by direct recruitment he must have actually practised for a period of not less than three years immediately prior to the date of his entering Government Service.
By transfer
1. Must not have completed 45 years of age; and
2. (a) Must possess a degree in Law of University in India established or Incorporated by or under a Central Act, Provincial Act or a State Act, or an Institution recognised by the University Grants Commission or any other Equivalent qualification.
(b) Must have passed examination in Law of Practice and procedure of the Andhra Pradesh Bar Council or any Examination equivalent thereto.
Provided that a person who possesses a degree in Law of a University in India established or incorporated by or under a Central Act, Provincial Act or a State Act or an Institution recognised by the University Grants Commission, the syllabus of which includes "Civil Procedure Code and Criminal Procedure Code" shall not be required to pass the examination in Law and Practice and Procedure of the Andhra Pradesh Bar Council.
EXPLANATION :
* (c) The age limit in the case of candidates belonging to the Scheduled Castes, the Scheduled Tribes, the Aboriginal Tribes in the Scheduled area and the Backward Classes for direct recruitment as Judicial Second Class Magistrates or as District Munsiffs shall be 43 years.
*(Substituted by G.O.Ms. No.774, Home Dt. 9.6.1972)
14 (a) Probation: Every person appointed to any category shall, from the date on which he joins duty or reports for training, whichever is earlier be on probation for a total period of two years on duty in that category within a continuous period of three years.
15. (ii) Every person appointed to the category of District Munsiff shall during the period of probation pass the Account Test for Executive Officers.

* * * * *

ASSAM
(i) Rules
The Assam Judicial Service Rules 1962 (as amended up to 1995)
(ii) Qualification
a) Must be a Law Graduate of any recognized University or Barrister at Law.
b) Must have atleast 3 years practice at the Bar.
c) Age shall not be less than 25 years and more than 36 years on 1st January of the year in which the advertisement for selection is made.
General conditions:
i) Citizen of Indian Union ;
ii) Shall be of good character;
iii) Shall be of sound health and active habit and free from any bodily defect or infirmity.
iv) Shall not have more than one wife living unless exempted by the Govt. on special grounds;
(iii) Procedure for selection
Written examination followed by interview.
(iv) Authority for Selection
Posts are filled up by Assam Public Service Commission and High Court in 50:50 proportion
(v) Examination
a) Written
Number of papers - 4
Total Marks - 500
b) Viva Voce
Marks - 200
(vi) Training
Institutional:
a) North Eastern Judicial Officers€ Training Institute, Guwahati.
b) Duration - Fourteen weeks training.
(vii) Probationary period
One year from the date of appointment.
* * * * *




EXTRACT OF THE ASSAM JUDICIAL SERVICE RULES, 1962,
AS AMENDED UPTO 1995
Rule 1 - Short Title and Commencement -
(1) These rules may be called the Assam Judicial Service (Amendment) Rules, 1995.
(2) They shall come into force on the date of their publication in the official Gazette.
Rule 4 - Recruitment to the other posts of the Service on the commencement of these Rules shall be made by the following methods :-
(c) Appointment to the posts in Grade-III of the service shall be made by the Governor on the recommendation of the High Court on the basis of selection from amongst the members of the Bar by the High Court.
Rule 5
(A)(1) Of the vacancies to be filled up in Grade-III of the service, there shall be a reservation for candidates belonging to Scheduled Castes, Scheduled Tribes (Plains) and Scheduled Tribes (Hills) not exceeding 7% (seven per cent), 10% (ten per cent) and 5% (five per cent) respectively.


Rule 7 - Qualification for recruitment to the service in Grade III.
A candidate for recruitment to the post in Grade-III shall satisfy the following conditions besides the general conditions laid down under rule 8 :-
(i) he must be a Graduate in Law of any recognised University or Barrister at Law;
(ii) he must have practised at least three years at the Bar;
(iii) the age of the candidate for selection shall not be less than 25 years and more than 36 years on the 1st January of the year in which the advertisement for selection is made.
Rule 8 - General Qualification -
Every member of the Service shall qualify the following general conditions:-
(i) shall be a citizen of Indian Union;
(ii) shall be of good character;
(iii) shall be of sound health and active habit and free from any bodily defect or infirmity which render him unfit for such appointment;
(iv) shall not have more than one wife living unless exempted by the Government on special grounds.
Rule 8(A) - Training -
(1) There shall be a training course for the Officers appointed in Grade III of the service which shall be spread over a part of fourteen weeks as under:-
(a) working knowledge of criminal Courts, being attached to such courts, for a period of five weeks;
(b) working knowledge of the revenue courts for a period of two weeks;
(2) During the period of their training, trainees will be attached to District Judges who will detail the trainees to different courts. They will attend the courts situated in the District Head-Quarters and watch at least, one sessions case, original work in the Munsiffs Courts and also in the Magistrate€s Courts. They will be under the supervision of the District Judges concerned during the said period.
(3) During the period as stated above they will also have to acquire knowledge of accounts, working of the offices and maintaining of various registers in the offices of the Munsiffs and Magistrates.
(4) During the last period of the training they will come to Gauhati for two weeks to acquaint themselves with the working of the High Court and of the Assam Board of Revenue. During that period they will be under the guidance of the Registrar of the High Court.
(5) In order to understand the working of the offices of the subordinate Courts, the trainees must have a thorough knowledge of the provisions of the Civil Rules and Orders framed by the High Court under the Civil Procedure Code and the Criminal Rules and Orders framed by the High Court under the Criminal Procedure Code, as well as the Assam Fundamental Rules. The District Judges should bring the importance of this requirement to the notice of the trainees before they are allotted for training as specified above.
Rule 9 - Probation and confirmation -
All appointments other than appointments to temporary post under these Rules shall be on probation for a period of one year from the date of appointment to such post.
* * * * *








BIHAR
9. CIVIL JUDGES (SENIOR DIVISION) - WHETHER IT SHOULD BE MIXED CADRE OR PURELY PROMOTIONAL CADRE?
9.1 Generally, the Civil Judge (Senior Division) is a promotional post to Civil Judge (Junior Division). But in the State of Gujarat, it is a mixed cadre consisting of promotees and direct recruits. 50% of the cadre post is earmarked for promotion and the remaining 50% is filled up by direct recruitment from the practising advocates of not less than 5 years standing.
9.2 In Goa Administration also, Civil Judge (Senior Division) is a mixed cadre, but the percentage earmarked for promotees and direct recruits is different. For promotees, 67% of the cadre posts is reserved and the remaining 33% is filled up by direct recruitment from advocates of not less than 5 years standing.
9.3 In all other States and Union Territories, the cadre is purely a promotional one.
9.4 Those States which are having a mixed cadre are in favour of continuing their system. Likewise, the rest of the States do not want a change in the structure of their existing cadre, save the High Court of Himachal Pradesh and Government of Meghalaya.
9.5 The High Court of Himachal Pradesh has stated that to promote efficiency, the composition of the middle cadre should be 25% by direct recruitment and 75% by promotion.
9.6 Government of Meghalaya is of opinion that the cadre of Civil Judges may be mixed cadre to the extent of not exceeding 25% by direct appointment.
9.7 The High Court of Bombay adds a rider stating that it should be purely a promotional cadre but the discretion may be left to the High Court by making an enabling provision conferring power on the authority to make direct recruitment in exceptional emergent circumstances.

9.8 Naturally, all Judicial Officers€ Associations of every State have categorically stated that the cadre of Civil Judges (Senior Division) should be filled up only by promotion from the Civil Judges (Junior Division).
9.9 Among the retired Judges, Justice K. Ramaswamy, Former Judge of the Supreme Court has stated that it is desirable to keep the Civil Judge (Senior Division) as a promotional cadre, but if there is any recruitment directly from the Bar, it should not be more than 20%.
9.10 Sri P.P. Rao, Senior Advocate of the Supreme Court has also favoured the mixed cadre consisting of 50% direct recruitment and 50% promotees.
9.11 Justice Ranganatha Misra, Former Chief Justice of India is totally opposed in making the cadre of Civil Judges (Senior Division) the mixed cadre.
RECOMMENDATION BY THE COMMISSION :
9.12 While examining the problem presented, as to whether the cadre of Civil Judges (Senior Division) should be a mixed cadre or not, we have to bear in mind the decision taken by the Commission as to the nature of the cadre of District Judges. The Commission has decided that it should be mixed cadre. The Commission has rejected the vociferous demand of the service judges to reserve it exclusively for promotees.
9.13 The question now to be examined is whether it is proper to make the middle cadre also a mixed cadre. It is true that the mixed cadre may promote efficiency in the service, but while attempting to promote efficiency, we should not create frustration amongst the service judges for want of adequate promotional opportunity.
9.14 Generally, in every State, the posts of Civil Judges (Senior Division) are comparatively very much less than the posts in the Civil Judges (Junior Division). In some States, it is less than half. In some States, it is less than 1/3rd and in one or two States, it is less than 1/4th.
9.15 Hereinbelow, the chart giving the number of posts in the cadre of Civil Judges (Junior Division) and Civil Judges (Senior Division):
Sl. No.
State
Civil Judge (Jr. Dn.)

Civil Judge (Sr. Dn.)
1.
Andhra Pradesh
433

122
2.
Assam
146

46
3.
Bihar
1043

266
4.
Goa
20

14
5.
Gujarat
290

167
6.
Haryana

178*

7.
Himachal Pradesh

70*

8.
Jammu & Kashmir
51

42
9.
Karnataka
330

167
10.
Kerala
229

81
11.
Madhya Pradesh
422

251
12.
Maharashtra
717

163
13.
Manipur
19

6
14.
Meghalaya
3

2
15.
Mizoram
26

11
16.
Nagaland
5

7
17.
Orissa
261

70
18.
Punjab

213*

19.
Rajasthan
315

144
20.
Sikkim
6

2
21.
Tamil Nadu
399

96
22.
Tripura
45

10
23.
Uttar Pradesh
721

529
24.
Pondicherry
10

5
25.
NCT of Delhi

218*

26.
West Bengal
337

206
* Inclusive of both Civil Judges (Jr. & Sr. Dn.)