JUDGMENT

Pattanaik, J.-This petition under Article 32 by the Direct Recruits to Delhi Higher Judicial Service, assails the inclusion of the respondents 5 to 8 in the Gradation List drawn up by the High Court of Delhi by order dated 22.8.2000 pursuant to the directions given by this Court in Writ Petition No. 490/87. These respondents have been continuously working in Delhi Higher Judicial Service w.e.f. 18th of January, 1986 but had been posted as Chief Metropolitan Magistrates on account of the Government decision of up-gradation of the said post of Chief Metropolitan Magistrates. The petitioners on the other hand are directly recruited officers to Delhi Higher Judicial Service in the year 1988 pursuant to the selection made in accordance with the Recruitment Rules.  The bone of contention of the petitioners is that the respondents, who were continuing as Chief Metropolitan Magistrates, must be held to be juniors to the petitioners inasmuch as their decision was subject to challenge in appeal before the petitioners, who were appointed as Additional District and Sessions Judge, and the High Court committed error in including the names of these respondents in the gradation list pursu