2.18.1 Under the First Schedule to the Constitution of India, the State of Orissa was formed comprising the territories of the Province of Orissa. It was Part ‘A’ State.

2.18.2 In the year 1765, East India Company acquired new territories surrounding the Presidency Town of Fort William through a grant of Diwani from Nawab Nazim. The new territories came to be known as Mofussil. By this grant, the administration of Criminal Justice was left with the Nawab. Consequently, Mohammadan Law was retained and administered as before in Mohammadan Courts by Mohammadan Officers. Administration of civil justice passed with Diwani. Even thereafter, the Company continued to carry on the administration of justice through native agency. However, this arrangement failed.

2.18.3 In 1772, the affairs of the Company in general and judicial system in particular, was reorganised. Adalat system came to be introduced for the administration of justice in Mofussil.

2.18.4 Under the scheme introduced by Warren Hastings, Orissa along with Bengal and Bihar was divided into a number of Districts. Mofussil Diwani Adalats or Civil Courts of first instance presided over by European Zilla Judges were established in Districts. These courts administered justice with the assistance of Hindu and Mohammadan Law Officers. In order to relieve these Courts of the trial of petty suits, Registers and native Commissioners known as Sadr Amins and Munsiffs were appointed. Provincial Civil Courts of Appeal were established to hear appeals against the decisions of Sadr Amins or Munsiffs. The highest court was Sadr Diwani Adalat or the Chief Civil Court of Appeal consisting of Governor and Council, assisted by native officers.

2.18.5 On Criminal side, Nizamat Adalats were established. Mohammadan Officers were continued to sit in these Adalats. Courts of Circuit were established to hear criminal appeals from the inferior courts. Sadar Nizamat Adalat was the Chief Court of criminal appeal.

2.18.6 Under the Regulating Act, 1773 Supreme Court of Judicature at Fort William consisting of Chief Justice and 3 puisne Judges was established. The jurisdiction of this court was restricted to only few definite categories of persons. The Supreme Court was also a Court of Admiralty for Bengal, Bihar and Orissa to hear and try all cases, civil, maritime and maritime crimes committed upon high seas with the help of jury who were British subjects, residents in Calcutta, in the same way as the Admiralty Court in England.

2.18.7 In 1861, King's Court in the Presidency Town of Fort William and Company Courts in Mofussil were amalgamated into a single judicial system by the Indian High Courts act. This judicial system continued till 1905.

2.18.8 The establishment and regulation of Civil Courts in the State of Orissa were governed by the Bengal, Agra and Assam Civil Courts Act, 1887.

2.18.9 Orissa was a revenue division of Bengal consisting of four districts viz., Cuttack, Balasore (new Baleshwar), Puri and Anugul (now part of the district of the Dhenkanal). In 1905 another district viz., Sambalpur was transferred from the Central Provinces to Orissa. In 1912, Orissa consisting of these five districts became part of the new Province of Bihar and Orissa.

2.18.10 There was only one post of District Judge at Cuttack with jurisdiction over the districts of Cuttack, Puri and Baleshwar. For some time, the District Judge of Sambalpur-Manbhum was exercising jurisdiction over Sambalpur. These Courts were subordinate to the High Court of Patna.

2.18.11 In 1936, Orissa became a separate Province with independent administration. Ganjam and Koraput districts of Madras Presidency were integrated in the Province of Orissa. One more post of District Judge having jurisdiction over the said new districts with headquarters at Barhmapur was created.

2.18.12 In 1936, the cadre of Subordinate Judges and Munsiffs had been separated from Bihar, after the formation of Orissa Province.

2.18.13 Until 1949, one of the two District Judges in Orissa was a member of the Indian Civil Service who was allotted to the Provincial Judicial Service.

2.18.15 Orissa Civil Courts Act, 1984 was enacted to consolidate and amend the law relating to Civil Courts in Orissa. At present, the constitution of Courts, jurisdiction and powers of the judicial officers are regulated by the said Orissa Civil Courts Act, 1984.

2.18.16 At present, Orissa subordinate judiciary consists of Superior Judicial Service (Senior Branch) and Superior Judicial Service (Junior Branch), Judicial Service Class-I Senior and Judicial Service Class-I Junior and Judicial Service Class-II.

2.18.17 Superior Judicial Service (Senior Branch) consists of District & Sessions Judges/ Addl. District & Sessions Judges. Superior Judicial Service (Junior Branch) comprises of Chief Judicial Magistrates.

2.18.18 The cadre of Civil Judges (Senior Division) is in the Judicial Service Class-I Senior.

2.18.19 Sub-Divisional Judicial Magistrates are in Judicial Service Class-I Junior.

2.18.20 Civil Judges (Junior Division) and Judicial Magistrates fall under the Judicial Service Class-II.

2.18.21 At present, Orissa Judicial Service Rules, 1994 regulate the initial appointment and promotion of the cadre of the Civil Judges (Junior Division) / Judicial Magistrates, Sub-Divisional Judicial Magistrates and Civil Judges (Senior Division).

2.18.22 Recruitment to the posts of Civil Judges (Junior Division) and Judicial Magistrates in Judicial Service Class-II is made by the Public Service Commission through competitive examination and viva-voce from amongst the advocates with three years practice at the Bar and also from amongst the law graduates working in Courts and allied departments with 5 years service. There is provision for emergency recruitment only by viva-voce test amongst the advocates with 5 years Bar experience. Selected candidates will be on probation for a period of two years. Civil Judge (Junior Division) will be on the pay scale of Rs. 2000-60-2300-EB-75-3200-100-3500. Now there are 198 posts in this cadre.

2.18.23 The posts of S.D.J.M. are promotional posts from the cadre of O.J.S. Class-II consisting of Civil Judges (Junior Division) and Judicial Magistrates. There are 63 posts of S.D.J.Ms. in this cadre carrying a pay scale of Rs.8000-275-13500 with a special pay of Rs.150/- per month. There are 17 posts of Civil Judge (Junior Division) recently upgraded to the cadre of O.J.S. Class-I (Junior) carrying the same scale of pay as that of S.D.J.M. without any special pay.

2.18.24 The post of Civil Judge (Senior Division) is also promotional post from the cadre of the Sub-Divisional Judicial Magistrates in the pay scale of Rs. 9350-325-14550. There are 72 posts in this cadre at present.

2.18.25 Orissa Superior Judicial Service Rules, 1963, govern the appointment and promotion to the cadre of Superior Judicial Service (Junior Branch) and Superior Judicial Service (Senior Branch).

2.18.26 The post of Chief Judicial Magistrates in Superior Judicial Service (Junior Branch) is promotional post from the cadre of the Judicial Service Class-I (Senior). At present, there are 43 posts in this cadre in the pay scale of Rs. 10000-325-15200.

2.18.27 The recruitment to the post of the District & Sessions Judges/ Addl. District & Sessions Judges in Superior Judicial Service (Senior Branch) is done directly and also by promotion in the ratio of 25:75. Direct recruitment is from amongst the advocates with 7 years practice in the Bar. Promotion is made to this cadre from the cadre of the Chief Judicial Magistrates in Superior Judicial Service (Junior Branch). There are 70 posts in the cadre of the District & Sessions Judges / Additional District & Sessions Judges with pay scale of Rs. 10650-325-15850.

2.18.28 The District Judges are entitled for a special pay of Rs. 250/- per month.

2.18.29 In Superior Judicial Service (Senior Branch) there are 8 promotional posts in Selection Grade with a pay scale of Rs. 15100-400-18300. These posts are filled up by promotion on the basis of seniority.

2.18.30 There are also three posts of Super Time Scale in the pay scale of Rs. 18400-500-22400. The appointment to these posts will be made on the basis of merit-cum-seniority.

2.18.31 Direct recruits appointed to the Senior Branch of Superior Judicial Service will be on probation for one year. Judicial Officers promoted from Junior Branch of Superior Judicial Service will also be on officiation for one year.

2.18.32 Training for a short period is imparted to the initially recruited candidates as Civil Judges (Junior Division).

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