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Fast-track court judges can’t claim seniority like other judicial officers: SC

The Apex Court said this while dismissing an appeal filed by some judicial officers, who were appointed by promotion or transfer from civil judges to grade-II District and Sessions Judges, challenging a Andhra Pradesh high court’s order.

The High Court had dismissed their petition against the seniority list of judges, saying that fast-track court judges cannot be conferred the benefit of seniority on the basis of their continuous length of service.

Referring to two Supreme Court judgements, a Bench of justices Dipak Misra and Shiva Kirti Singh said: “It is quite clear that the appointments in respect of fast-track courts are ad hoc in nature and no right is to accrue to such recruits promoted/posted on ad hoc basis from the lower judiciary 
for the regular promotion on the basis of such appointment.”

“It has been categorically stated that fast-track court judges were appointed under a separate set of rules than the rules governing the regular appointment in the State Higher Judicial Services,” the Bench noted in its order.

The court said the petitioners were promoted because of the introduction of the Fast-Track Court scheme. 
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