Determination of seniority

Appointment of members of District Judiciary and determination of their seniority was a statutory responsibility, which was to be exercised by the Administration Committee of the High Court

Chief Justice of the High Court in such context could not do anything on his own

Any decision taken by the Administration Committee of the High Court (in the matter of appointment of members of District Judiciary and determination of their seniority) shall be binding on the Chief Justice of the High Court.

Petitioner was appointed as Prosecuting Sub-Inspector and subsequently his cadre was changed from prosecution side to executive side along with other colleagues

Grievance of the petitioner was that after absorption of the Prosecuting Sub-Inspectors, seniority to others was allowed from the date of their initial appointment but the petitioner had been discriminated by awarding him seniority from the date of his absorption

Validity

Under Arts.25 & 4 of the Constitution, equal protection of law to all the citizens and equal treatment to the citizens similarly placed had been guaranteed

All the statutory functionaries in a democratic set-up were bound to act in public matters justly, fairly and in accordance with rules and instructions on the subject and individual distinction for extraneous reasons was not permissible

`Equality before law' meant that like should be treated alike and it forbade discrimination between person, who were substantially in similar circumstances or conditions, however, it did not forbid different treatment of unequals and classification could be made between two groups which were substantially not placed in similar circumstances or conditions

Petitioner was subjected to hostile discrimination forbidden by Art.25 of the Constitution

High Court directed the respondents to treat the petitioner equally and on the same line as other officers had been treated and assigned seniority to the petitioner from the date of his substantive appointment in the rank of Prosecuting Sub-Inspector with all service benefits

Constitutional petition was allowed in circumstances.