CUTTACK: The Supreme Court has stayed the reappointment of all retired judges made after December 1, 2006, to the post of executive chairman of the State legal services authority. Following the order, the reappointment of Justice P.K. Mohanty (Retd.) as the executive chairman of Orissa State Legal Services Authority (OSLSA) is also in jeopardy. Mr. Justice Mohanty was reappointed in the same post by the government just a day after his retirement on January 2, 2007. Adjudicating on a PIL filed in this regard by the SC Bar Association, the apex court stayed the notification of reappointment of Mr. Justice Mohanty. The Bench comprising Justices Arijit Pasayat and S.H. Kapadia, as an interim measure, directed that the appointment of any retired judge made after December 1, 2006, to head any legal services authority shall not be given effect to.

Practical difficulties

Making the Union of India as the opposite party, the primary stand of the petitioner was that the appointment of a retired judge as executive chairman of any State legal service authority would have many practical difficulties that result in creating hurdles in proper functioning of the authority. The petition contended that as a result, "the laudable objectives of the Legal Services Authorities Act, 1987, get frustrated."

Additional Solicitor-General Gopal Subramaniam, who received notice on behalf of the Union of India, also stated that there was substance in the plea of the petitioner. However, the prayer of the petitioner to stay the appointment of all retired judges functioning as executive chairmen of State authorities across the country was rejected by the Bench. "We do not think it appropriate to direct such blanket stay." The Bench further directed that "the senior most judge of the High Court concerned or on his declining, the next senior most judge and so on shall function as executive chairman until further orders."

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