Law:

Section:

Punjab Judicial Service Rules, 1994-- ----R. 5(3)(b)--Amendment--Scope and meaning--Interpretation of concession granted to civil judges qualification for recruitment--Requirement of actively practiced profession law for not less than two years after having enrolled as an advocate--Validity--Appointment to post of AD&SJ be through promotion to extent of 60% (promotion quota) from amongst CJs with ten years' service as judicial officers and 40% through initial recruitment from amongst members of Bar with ten years' standing as an advocate--According to amended Rule, S.C.J. and CJs are also entitled to appointment to post of AD&SJ by availing initial recruitment quota to extent of 40% of available vacancies--CJs qualify for initial recruitment to post of AD&SJ if they have ten year's service experience--Ten years' service experience under amended Rule 5(3)(b) includes a maximum of two years of active practice at bar after which a person is qualified to be appointed as a CJs and similarly placed judicial officers in Punjab are entitled to apply for post of AD&SJ and authorities are directed to accept their applications and process their cases in accordance with law so that petitioners can sit in examinations which, according to petitioners are coming up soon. THIS JUDGMENT DELIVERED BY: SYED MANSOOR ALI SHAH, JUSTICE---.--- Brief facts of the case are that the petitioners are Civil Judges and members of the Punjab Judicial Service. Recent amendment in the Punjab Judicial Service Rules, 1994 ("Rules") now allows Senior Civil Judges and Civil Judges-cum-Magistrates ("CJs") with ten years' service experience to apply for the post of Additional District & Sessions Judge ("AD&SJ") against forty percent of the available vacancies to be filled through initial recruitment. 2. Petitioners seek interpretation of this concession granted to the Civil Judges under Rule 5(3) (b) of the Rules to the extent of the scope and meaning of ten year's service experience. They contend that ten years service experience for CJs include two years of practice as an advocate. Referring to Rule 7(1) (ii) of the Rules they submit that the requirement of "actively…

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