LI Network
Published on: November 10, 2023 at 11:45 IST
The Supreme Court of India is set to deliberate on whether past service in the judicial services of one state can be considered for benefits in the judicial service of another state.
This question has arisen in a case where Ms. Neetu Nagar, a candidate serving in the Delhi Judicial Service (DJS), was denied the opportunity to appear in an examination for promotion to the Delhi Higher Judicial Service.
Ms. Neetu Nagar had sought to participate in the Limited Departmental Competitive Examination, which requires a candidate to have completed ten years of qualifying service.
While she joined the Delhi Judicial Service on June 5, 2018, her contention is that her past service as a Civil Judge (Junior Division) in the Haryana Civil Service (Judicial Branch) (HCS) should be considered in calculating these ten years.
The matter was brought before Justices Hrishikesh Roy and Sanjay Karol of the Supreme Court. Senior Advocate V. Giri, representing Ms. Neetu Nagar, emphasized that the Delhi High Court’s Registrar General had allowed her to carry forward her past service benefits before joining the Delhi Judicial Service. Furthermore, he highlighted her excellent performance in the examination, securing the third rank in the merit list.
However, the Delhi High Court had observed that HCS and DJS are separate judicial services of different states, each governed by distinct service rules and controlled by different High Courts. Given that Ms. Neetu Nagar had resigned from HCS and joined DJS voluntarily, her case was considered as a simpliciter resignation rather than a transfer or absorption.
The eligibility criteria for sitting in the examination were based on rules, and Rule 2(e) of the DJS Rules defined ‘service’ as the Delhi Judicial Service.
Since there was no provision for inter-changeability or counting of previous service in any other service within these rules, the Court found itself unable to extend such benefits beyond the specified purview.
Moreover, permitting Ms. Neetu Nagar to appear in the Limited Departmental Competitive Examination based on her past service with HCS would result in her bypassing other candidates and disrupting seniority within the cadre.
As a result, the Supreme Court refused to accept Ms. Neetu Nagar’s plea, thereby dismissing it.
Case title: Neetu Nagar v. Govt. Of NCT Of Delhi & anr.
