The bench headed by CJI DY Chandrachud remarked in the case R. Thenmozhi-I And Ors. v. High Court of Judicature At Madras And Ors that the balance in court was not always between just and unjust but sometimes it was between two unjust things.
It has been stated in such cases by him that the court had to determine what was being more unjust. The said remark was being made in a dispute which is concerning the appointments and promotion of Assistant Section Officers. The present case was heard by bench comprising of CJI DY Chandrachud and Justice PS Narasimha.
The bench of CJI Chandrachud, while dealing with the matter stated that injustice is not merely looking at the merits of the matter. Injustice is also looking at whether this court should unsettle settled issues.
Thus, in the court, the said balance is not being always between what is just and what being unjust. Sometimes it is unjust and unjust, then it has to be seen which one is more unjust and now for unsettling the issue will be more unjust. Before the court, the petitioner requested that the appointments were made by direct recruitment or promotion to the post of Assistants which were made between the years 2002 and 2005 which is prior to the promotion of the petitioners should be reviewed and should be declared to be nullity. Further, it has been submitted by the petitioner that only after such review the Section Officers post by way of promotion should be filled up.
