CHENNAI: The subordinate judiciary in the State is concerned over the recent appointment of a retired District Judge from Kerala as Tamil Nadu Judicial Academy Director and the talk that seniority alone would not do for promotion of sub-judges as District Judges.

High Court Registry sources say the Tamil Nadu Judicial Officers Association has already submitted a memorandum to Chief Justice A.P. Shah. As on date, there are about 50 Judicial Magistrate posts lying vacant in Tamil Nadu. Besides, over 20 District Judge posts and four or five subordinate judge posts are unfilled.

While career progress is slow or stagnant for Tamil Nadu Judicial Service personnel, filling even available vacancies with other State candidates will aggravate the situation, says an official.

He pointed out that a subordinate judicial officer from Maharashtra had been brought to the Tamil Nadu State Legal Services Authority on deputation.

Shaken by the appointment in the Judicial Academy, he said they were not averse to bringing other State officials as associated or visiting professors. "Appointing them in full-fledged capacity would dishearten local officials," he said, adding: "A foreigner can be a coach, not captain, of a team."

Referring to a Chief Metropolitan Magistrate who retired last month after putting in 26 years of service, he said pleas to appoint him a Fast Track Court judge were rejected on the ground that it would create a precedent. "Had his service been taken into account, he should have been promoted as a District Judge in the normal course."

Promotion test

Rejecting the idea of holding a written test for promotions, a judge said that since most of the eligible sub-judges were in their 50s asking them to take memory-based examinations was unfair.

"The higher judiciary should not undermine our court experience and service. We simply have no time to prepare for examinations. We already lost 10 vacancies to directly recruited District Judges. In 2004, 25 per cent of the vacancies were filled through examination. As per a Supreme Court order, another 25 per cent must be filled by merit promotion from among members of the subordinate judiciary. For the remaining 50 per cent, seniority and suitability alone shall be considered," says a senior judicial officer.

In addition to these issues, the suspension of four subordinate judicial officers in quick succession too has agitated others.

Due process of vigilance inquiry, furnishing of charge memo and inquiry by a higher official should be followed before they were placed under suspension, an officer noted.

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