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November 18, 2018 03:31 PM

In last over fourteen years, successive Haryana Governments have neither changed the nomeclature of Civil Judges belonging to Haryana Civil Services (Judicial Branch) as mandated under the law enacted by Haryana Vidhan Sabha in March, 2004 nor it has re-amended such law so as to again revert to the previous provision. An advocate at Punjab and Haryana High Court, Hemant Kumar, told that when he was a student of LL.B course during March, 2004, he learnt that the then Chautala led dispensation introduced a legislation in the  State Assembly titled Punjab Courts (Haryana Amendment) Bill, 2004 which was passed by the House and the then Governor, Babu Parmanand also granted his assent to the same on March 9, 2004 after which it got duly published and notified in Haryana Government Gazette on 12 March, 2004 but it did not got implemented. The Advocate asserted that the above Bill was introduced by the then Chief Minister, OP Chautala himself in State Assembly and in the Statement of Objects and Reasons appended thereto, it was mentioned that it is in pursuance of directions of Hon’ble Supreme Court in All India Judges Association Vs Union of India case as well recommendation of Punjab and Haryana High Court for changing the nomenclature of Civil Judges in the State so that a Judicial Officer does not feels stagnated with the change of his pay scale. Section 18 of the Punjab Courts Act, 1918 got amended and the prevalent designation of Civil Judges (Junior Division) got trifurcated to Civil Judge, Civil Judge Grade-2 and Civil Judge Grade-1  whereas as regards Civil Judges (Senior Divison), three categories viz. Senior Civil Judge, Upper Senior Judge and Superior Senior Judge got created through this amended law. When for over fourteen years, the new nomenclatures were not put in place, Hemant in Oct, 2018 filed a RTI with Punjab and Haryana High Court, which is the Administrative and Disciplinary Authority in respect of Judicial Officers in the State of Haryana seeking all the information in this regard. The Public Information Officer of High Court in its reply to the RTI has informed that as per record, Haryana Government notified amended Section 18 of Punjab Courts Act, 1918 on 12 March, 2004 which was circulated by High Court to all District and Sessions Judges in Haryana for information and necessary action, if any, at their end. In the meanwhile, it came to the notice of High Court that there is no need to change nomenclature of Civil Judges and hence a communication was made to Chief Secretary, Haryana on 1 August, 2003 to cancel the notification dated 12 March 2004 as approved by Full Court. The HC further told that matter is under consideration of Haryana Government and reply is  yet to be received in this regard. Hemant questions that HC wrote to State Government only in Aug, 2013 but from April, 2004 to July, 2013 i.e. for more than nine years why did not Haryana Government did not took any action in this regard.  He said that as per provisions of Punjab General Clauses Act, 1898 as applicable to Haryana, when there is no mention in the enacted law for appointment of a date for its implementation, once such enacted Act is published in State Gazette, it comes into force immediately and hence the amended law got legally enforced from 12 March 2004 itself when it got published in Haryana Gazette. If the Haryana Government, for whatever reasons, does not want to implement the new nomenclatures of Civil Judges in the State as mandated in 2004 law, it would have at least re-amended/repealed the amended provision in last over five years when it was recommended by the HC. 

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