‘Judicial service’ means a service comprising of persons holding judicial post not being post superior to that of a District Judge.
According to the definition of judicial service’ a District Judge is also a person employed in the judicial service. Md. Aftab Uddin Vs. Bangladesh and others, 17 BLD (HCD) 92.

A reference to Articles 94, 95, 96 arid 147 of the Constitution clearly reveal the independent character of the Supreme Court. Chapter—IT of Part—VI of the Constitution allots a separate and distinct existence of judicial service and magistrates exercising judicial function. Under Article 109 the High Court Division of the Supreme Court has been vested with the powers of superintendence and control over all courts and tribunals subordinate to it. [Per Latifur Rahman, J agreeing with Mustafa Kamal, C.J) Secretary, Ministry of Finance Vs. Mr. Md. Masdar Hossain, 20 BLD (AD) 104.

The creation of a B.C.S. (Judicial) Cadre as if it is a civil service was not only within the contemplation of Article 136, but was also violative of the constitutional scheme. Amalgamation is possible and permissible between allied services. Judicial service may be amalgamated with judicial magistrates pursuing a judicial career all the way. But as oil and. water cannot mix, the judicial and civil administrative executive services are nonamalgarnable. [Per Mustafa Kamal ,CJ. 1— Constitute of Bangladesh, 1972, Article-136. Secretary, Ministry of Finance Vs. Mr. Md. Masdar Hossain, 20 BLD (AD) 104.

As per Article 152(1) of the Constitution ‘judicial service’ means a service comprising persons holding judicial posts not being posts superior to that of District Judge. It appears that a person holding judicial post from Assistant Judge to that of a District Judge belongs to judicial service. Chapter II of Part VI of the Constitution deals with subordinate courts. Articles 115, 116 and 1 16A speak of persons employed in ‘judicial service’ and ‘magistrates exercising judicial functions’. It is clear that the members of the judicial service and the magistrates exercising judicial functions exercise judicial power of the State as distinct and separate from executive power and other cadre services of the State. Article 1 16A also contemplates that the members of the judicial service and magistrate exercising judicial functions shall be independent in the exercise of their judicial functions. It is to be borne in min1 that judicial functions is distinct from other functions as visualized in the Constitution itself. [Per Latifur Rahman,J agreeing with Mustafa Kamal, C.J.] Secretary, Ministry of Finance Vs. Mr. Md. Masdar Hossain, 20 BLD (AD)104

The judicial service as part of the service of the Republic has been distinctly treated in Articles 140, 133 and 137 of the Constitution. The nature and character of their function are different. Article 22 has emphasized on separation of the judiciary from the executive. Sub-paragraph (6) of paragraph 6 of the Transitional and Temporary Provisions of the Fourth Schedule mandates compliance of Chapter II of Part VI of the Constitution which in effect requires all concerned to maintain, preserve and protect the independence of the judiciary and also to enhance the separation of the judiciary from the executive and preserve the then arrangement as a temporary and transitional one—Constitution of Bangladesh, 1972, Articles—22, 133, 137 and 140, Part IV, Chapter II, Para—6(6) Secretary, Ministry of Finance and others Vs Mr. Md. Masdar Hossain and others, 21 BLD (AD) 126.

Public service commission for judiciary
Article 137 provides setting up of one or more Public Service commission’s for Bangladesh as and when necessary but the same may not be a full-fledged one. There is no impediment in the constitution for setting up of a separate Public Service Commission which shall conduct tests and examination for the selection of suitable persons for appointment to the judicial service of the Republic and advise the President on any matter in which the commission is consulted under clause (2) of Article 110 or any matter connected with its function which is referred to the Commission by the President and such other functions as may be prescribed by law—Constitution of Bangladesh, 1972, Article—110(2) and 137. Secretary, Ministry of Finance and others Vs Mr. Md. Masdar Hossain and others, 21 BLD (AD) 126.