Final Writ Petition Maharashtra State Judges Association AOR Taur
Final Writ Petition Maharashtra State Judges Association AOR Taur
Final Writ Petition Maharashtra State Judges Association AOR Taur
VERSUS
WITH
I.A. OF 2022
APPLICATION FOR INTERIM RELIEF
[PAPER BOOK]
(FOR INDEX PLEASE SEE INSIDE)
10. ANNEXURE-P-2
true copy of the Transfer policy of
Madhya Pradesh and Rajasthan High
Court
11. ANNEXURE-P-3
true copy of the representation dated
06.04.2022
13. ANNEXURE-P-5
true copy of the Annual General
dated 06.04.2022
14. ANNEXURE-P-6
true copy of the Annual General
15. ANNEXURE-P-7
true copy of the responses submitted
16. ANNEXURE-P-8
true copy of the representation dated
17. ANNEXURE-P-9
true copy of the Report submitted by
Strategy.
18. ANNEXURE-P-10
true copy of the Google Survey Sheet
Judges have been made by the Hon'ble the Chief Justice and
letters by calling two options from the judicial officers from each
of the six zones except the regional zone in which the officer is
every judicial officer has to serve in each of the six zones and
officers in the regional zones where they have not earlier worked.
This resulted into transfer of majority of judicial officers at the
The aforesaid letter further states that if the Judicial Officers get
them.
native is not at all fair but unreasonable. On the other hand, High
Transfers 2022.
HIGH COURT OF
MADHYA PRADESH AND ANOTHER it is
observed thus:-
inconvenient to them.
Development Strategy.
considered etc.
2. State of Maharashtra,
Through – Secretary,
Law & Judiciary Department,
Mantralaya, Mumbai. 400032 ...RESPONDENTS.
DIRECTION
TO,
THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES
OF THE HON'BLE SUPREME COURT OF INDIA.
Annual General Transfers 2022 and that the Judicial Officers may
Dipankar Datta (as his Lordship was then), the current Chief
representation.
2. All judges working in Maharashtra Judicial Service are
dealt with by this Hon’ble Court for nearly three decades in many
Hon'ble Court.
of Respondent No 1.
5.1. The Registrar General of the Bombay High Court has issued a
5.3 The High Court has issued Annual General Transfers 2022 on
Strategy.
shave been posted at the distance between 400- 500 kms and
between 400- 500 kms. During the survey more than 90%
a true copy of the Google Survey Sheet and Pie Chart showing
High Court that the Judicial Officers shall give two stations of their
choice from each zone as per their priority excluding the zone of
or dilated here.
for District Judges, Senior Civil Judges and Civil Judges Junior
Division (Annexures P-4, P-5 & P-6). This Hon'ble Court may be
it was not notified to the Judicial Officers that they will not be
served unless all the zones are exhausted. Had the said fact was
fact in mind. Hence, it was not permissible for the Honble High
it has felt that it is bounden duty to bring the reality to the notice
of this Hon'ble Court so that it may direct the High Court to take
corrective action and steps are taken to avoid repetition of such
distant places cannot be imagined and same (does) would not serve
any purpose. The Hon'ble High Court ought to have considered the
(litigants) would also suffer since the Judicial Officers who have
distant places without any reason and to the zones in which they
have not served earlier would not serve any purpose. It would
of 300 k.ms. from their native places. Above all nothing would
Judicial Officers and loss to the State should be taken back as soon
as possible (forthwith).
time has come for this Hon'ble Court to direct the Hon'ble High
while imparting justice and the Judges feel that their cause would
Singh v. State of Punjab [(1974) 2 SCC 831 :AIR 1974 SC 2192] has
only under the control of the High Court but are also under the
care and custody of the High Court and that the High Court has
look up to the High Court not only for discipline but also for
dignity. The Association submits that the decision of the High Court
is a big blow to the dignity of the Judicial Officers and that the
High Court has failed to exercise the control properly since in this
favoured.
grounds: ―
GROUNDS
I. The petitioner Association believes that transfers are not
for no reason.
II. It is worthy to be noted that till date only few not more than
III. The seniority of judicial officers have not been taken into
IV. Further many judicial officers have got postings within same
officers many others have been punished for the sin of those
service.
Thane, Pune etc. and even remain posted in those big cities
for much longer time than regular period of three years and
they are transferred from one big city to another big city. This
concern for the rest of Judicial Officers who also want to serve
if they lose faith for one or the other reason. Thus, the action
officers have been posted at more than 500 kms distance form
posted at the distance between 400- 500 kms and 15% judicial
kms. During the survey more than 90% judicial officers from
the total of 466 officers have opined that, they would suffer
VIII. All the judicial officers have the legitimate expectation that
Judicial Independence.
IX. In the Annual General Transfers–2022 almost 50% judicial
judicial transfer due for transfer was asked to give two options
than 500 kms from their native places. The High Court has
decision.
XI. The High Court cannot justify its action of transferring judicial
that;
manner.
letters seeking options from all Judicial officers who are due
the States.
take of their new postings. However, till this year the High
Officer.
XXIV. It is trite that all the stake holders are consulted before
the Honble High Court has not felt it necessary to notify and
same.
family.
officer's transfer are at such places, where she could not have
and 39 clause (e) and (f) of the Constitution of India which are
XXXI. The Hon’ble High Court while exercising its functions on the
extent.
High Court that the Judicial Officers shall give two stations of
their choice from each zone as per their priority excluding the
stations are not given by them, it will be treated that they are
the decision of the High Court is contrary to its own letter and
judicial officers.
suitability for achieving the aim does not arise. Said decision
XL. There is every reason to state that the High Court has failed
XLI. The transfer order has been issued in utter disregard to the
& P-6)). This Hon'ble Court may be pleased to call the details
XLII. It was not notified to the Judicial Officers that they will not
already served unless all the zones are exhausted. Had the
Officers.
17. That the petitioner has not filed similar petition in this
the fact that the Judicial Officers are working in the State of
(i) Call the details from the Registrar General of the Bombay
(ii) Allow the Petition and to direct Respondent No.1 not to give
06/06/2022.
(vii) Pass any other appropriate order which this Hon’ble Court
VERSUS
places.
2. That the petitioner is having a very good prima facie case
Writ petition is not adversarial and the same is for the benefit of
(ii) Pass any other order or orders which this Hon’ble Court may