A bench of Justices Ajay Rastogi and Bela M Trivedi observed that the issue was settled in an earlier Supreme Court decision in Kum C. Yamini v. The State of Andhra Pradesh & Anr.
In that judgment, the Supreme Court had held that judicial officers are not entitled to claim the benefit of seniority from the date of their initial appointment as ad hoc judges.
Further, the Supreme Court had observed that such service as ad hoc judges would only be factored in for the purpose of pensionary and other retiral benefits.
As such, Justices Rastogi and Trivedi dismissed a plea by nine judicial officers who were aggrieved by the non-consideration of their service as ad-hoc judges in deciding on elevations of judges to the Andhra Pradesh High Court.
“Since the services rendered by the petitioners as Fast Track Court Judges have not been recognized by this Court for the purpose of seniority except for pensionary and other retiral benefits, the plea raised by the petitioners to consider their service rendered as fast track court judges as a judicial service for the purpose of Article 217(2)(a) of the Constitution, in light of the judgment of this Court what being prayed for, is not legally sustainable,” the order stated.
Source: Barandbench
