These are reversible; they will get retiral dues: Supreme Court on Gujarat High Court staying promotion of judicial officers

The Supreme Court on Tuesday reassinged the matter regarding the promotion of judicial officers in Gujarat to another bench, in light of the retirement of Justice MR Shah..The matter was mentioned before a Bench of Chief Justice of India DY Chandrachud and Justice JB Pardiwala by Senior Advocate Meenakshi Arora, who informed the Court that the Gujarat High Court passed an order on Monday reverting the promotion of 40 judges..According to Justice Pardiwala, 28 judges remain on the merit list, while the promotions of the remaining 40 judges have been reverted. However, CJI Chandrachud emphasized that these matters are reversible and assured the affected judges that they would receive their retiral dues..Arora then underlined the significant humiliation faced by the affected judges. In response, CJI Chandrachud expressed his intention to reassign the matter after the court vacations..On May 12, the apex court had stayed a decision of the Gujarat High Court and the subsequent State government notification to promote 68 judicial officers to the post of district judges based on the seniority-cum-merit rule i.e. where seniority is given preference over merit.The stay order was passed on a petition filed by aspiring district judges challenging the decisions of the Gujarat government and the Gujarat High Court to make appointments on the basis of seniority-cum-merit.It was contended that the same should have been on the existing principle of merit-cum-seniority, as per which merit is given preference over seniority..Subsequently, the Gujarat High Court, via two notifications issued on Monday, reversed the promotion and transfer of 40 judicial officers. For others who were promoted, their postings were changed while maintaining their promotions.