Chandigarh, April 5

Less than four months after the Punjab and Haryana High Court directed the State of Haryana to accept its recommendations on appointing judicial officers as Additional District and Sessions Judges (ADSJs), Haryana has complied with the order, but with an out-of-the-ordinary rider.

Subject to final outcome of review

The State has stated: "The promotions of the officers will be subject to the final outcome of review petition, if any, to be filed by the State Government with respect to the judgment dated February 13" in its SLP. Such conditions are imposed in pending, and not to be filed, matters.

Asked by the court to file a compliance affidavit while hearing a petition alleging contempt of court, the State notified the promotions of 13 judicial officers as ADSJs.

But it has curiously stated: "The promotions of the officers will be subject to the final outcome of review petition, if any, to be filed by the State Government with respect to the judgment dated February 13" in its SLP. Such conditions are imposed in pending, and not to be filed, matters.

The development otherwise is significant as a Division Bench of Acting Chief Justice Gurmeet Singh Sandhawalia and Judge Lapita Banerji had, in an order issued in December, made it clear to the State that the court was a constitutional authority.

Its recommendations were binding as consistently held by the apex court. These would give the court the power to direct that "the recommendations be duly given primacy".

The court had recommended the promotions in both Punjab and Haryana in 2023, but Haryana did not notify the posts.

The matter was placed before the Bench on the judicial side after the State refused to agree to the court recommendations for making the appointments.

The non-implementation of the recommendations was also affecting the court's efforts to bring down the pendency of cases in the subordinate courts. Punjab during the past few months experienced a commendable decrease of 48,572 cases.

However, the scenario in Haryana presented a nuanced challenge, as 9,89,282 cases were disposed of against the backdrop of 10,25,920 matters instituted, resulting in an increase of 36,638 cases.