Judgment

UNTWALIA, J. :- The four petitioners in this petition under Article 32 of the Constitution of India are working as Additional District and Sessions Judges in the Delhi Higher Judicial Service at Delhi. Their prayers in this writ petition are to strike down Rules 9 (a) and 11 of the Delhi Judicial Service Rules, 1970 as being ultra vires and violative of Articles 14 and 16 of the Constitution and to declare Rule 8 of Delhi Higher Judicial Service Rules, 1970 as void and unconstitutional. Their further prayer is to quash the fixation of the seniority of the petitioners and respondents 3 to 6 and to place petitioners 1 to 4 above respondents 3 to 5 and petitioners 2 to 4 above respondent 6 in the gradation of seniority in Delhi Judicial Service and Delhi Higher Judicial Service.

2. All the four petitioners originally belonged to the Punjab Civil Service Judicial). Shri Joginder Nath, petitioner No. 1 joined the said service on 2-7-1956, Shri D. C Aggarwal, petitioner No. 2 on 2-7-1957, Shri S. R. Goel, petitioner No. 3 on 8-7-1957, and Shri P. L. Singla, petitioner No. 4 on 10-10-l958. Prior to 1966, the Union Territory of Delhi for the purposes of administration of justice was