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2009 Supreme(SC) 1094

TARUN CHATTERJEE, V.S.SIRPURKAR
High Court of Delhi – Appellant
Versus
A. K. Mahajan – Respondent


Advocates Appeared: For the Appellants:P.P. Rao, Maninder Singh, Sr. Advocates Mrs. Prathiba Singh, Gaurav Sharma, Ms. Surbhi Mehta, Sumeet Bhatia, Naveen R. Nath, Ms. Lalit Mohini Bhat, Ms. Hetu Arora, Advocates. For the Respondents:Mrs. Rani Chhabra, Rajesh Goyal, Shrish Kumar Misra, Pushkin, Ms. Sunita Gautam, S.P. Sharma, Advocates.

Judgment :-

V.S. Sirpurkar, J.

1. This judgment shall govern Civil Appeal Nos. 6397-6398 of 2001 and Civil Appeal Nos. 6399-6400 of 2001. Civil Appeal Nos. 6397-6398 are filed by the High Court of Delhi and Civil Appeal Nos. 6399-6400 by some employees of the High Court of Delhi. In all the Appeals, a common judgment passed by the High Court is in challenge. By the said judgment, Writ Petitions filed by some of the High Court employees were allowed. In the said Writ Petitions, notification dated 7.8.1995, making amendment in Schedule II of the Delhi High Court Establishment (Appointment and Conditions of Service) Rules, 1972 (hereinafter called "the Rules of 1972" for short), that pertain to the selection to the posts of Assistant Registrar, was in challenge. Rule 3 of these Rules dealt with joint inter-se seniority of confirmed employees in categories of equal status posts. There was a joint seniority list for three categories of employees, they being:-

.(1) Superintendents

.(2) Court Masters

.(3) Private Secretaries.

Rule 7 provided the mode of appointment. It provided that the appointment to the post of Assistant Registrar could be made by selection on merit from confirmed officers


















































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