HC order on separate judicial cadre | india | Hindustan Times
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HC order on separate judicial cadre

THE STATE Government has filed a review petition in the Lucknow Bench of the Allahabad High Court, challenging a judgment of the court. It had directe the Government ?to take immediate steps to create a separate permanent revenue judicial service cadre for performance of judicial functions under the UP Zamidari Abolition and Land Reforms Act-1950 as well as under the UP Consolidation Holdings Act-1953?.

india Updated: Apr 12, 2006 01:14 IST

THE STATE Government has filed a review petition in the Lucknow Bench of the Allahabad High Court, challenging a judgment of the court. It had directe the Government “to take immediate steps to create a separate permanent revenue judicial service cadre for performance of judicial functions under the UP Zamidari Abolition and Land Reforms Act-1950 as well as under the UP Consolidation Holdings Act-1953”.

The bureaucracy as well as the Government is dead against creation of any such cadre, which will snatch away powers of bureaucrats, particularly the revenue officers and all courts dealing with land-related cases will become defunct. The IAS Officers’ Association had appointed senior IAS officer GB Patnaik to study the whole judgment. Even Patnaik has informally given his opinion against creation of the proposed cadre.

The plea taken by the Government in the review petition, according to sources, is that the issue involved only a particular judgment delivered by a revenue officer in a consolidation case. The inordinate delay in judgment by the officer and some technical points in his judgment were the main issues, which was heard by the High Court.

The issue of creating a new cadre or over all functioning of the revenue courts were not even part of the case filed in the High Court. 

The High Court in its judgment had observed, “the members of Judicial Revenue Cadre so created by the Government shall work as Presiding Officers in Revenue Courts as well as in the Consolidation Courts whose services will be inter-transferable and inter-changeable. Such cadre shall be created as early as possible within a period not exceeding one year and for a period of one year or till creation and appointment of members of judicial service, whichever is earlier, the present arrangement shall continue to hold good.”

Another point raised by those against creation of the new cadre is that the Land Reforms Act, the Land Consolidation Act, besides a few others, are part of the Ninth Schedule of the Constitution and as such, were beyond the jurisdiction of the High Court.