JUDGMENT

R.M. Lodha, J.:-

Leave granted.

2. The inter se seniority between the appellants and respondent no. 1 in the Senior Branch cadre of Orissa Superior Judicial Service is the subject matter of this appeal.

3. In the writ petition filed by the respondent no.1 before the High Court, the principal question under consideration was whether the service rendered by him (writ petitioner) in the Fast Track Court as Additional District Judge is to be taken into account while fixing his seniority after regularization of his service in the Senior Branch cadre under the Orissa Superior Judicial Service Rules, 1963 (for short, “1963 Rules”). The High Court in the impugned judgment dated 15.11.2011 has answered the above question in favour of the writ petitioner, allowed the writ petition and directed the Orissa High Court on administrative side to treat the period of service rendered by the writ petitioner in the Fast Track Court for the purpose of seniority from the date of his joining the post i.e., 26.04.2002 and re-fix his seniority in light of the judgment.

4. The appellants, direct recruits, who were respondent nos. 3 and 4 in the writ petition, have challenged the above judgment principally on the ground that it is not consistent with the 1963 Rules, Orissa Judicial Service (Special Schemes) Rules, 2001 and Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007. The appellants contend that the High Court has not correctly applied the decisions of this Court in O.P Singla and Another v. Union of India and Others[(1984) 4 SCC 450], Direct Recruit Class II Engineering Officers’ Association v. State of Maharashtra and Others[(1990) 2 SCC 715], Rudra Kumar Sain and Others v. Union of India and Others[(2000) 8 SCC 25], Brij Mohan Lal v. Union of India and Others[(2002) 5 SCC 1] [Brij Mohan Lal 1] and Brij Mohan Lal v. Union of India and Others[(2012) 6 SCC 502] [Brij Mohan Lal 2].

5. The brief facts leading to the controversy are these: The writ petitioner joined the judicial service in the State of Orissa as Munsiff on probation on 15.07.1981 under the Orissa Judicial Service Rules, 1964. He was promoted to the Junior Branch of the Superior Judicial Service on 19.07.1999. On 05.01.2002, the writ petitioner, who was continuing as a member of Superior Judicial Service (Junior Branch), was appointed, on ad hoc basis, as Additional District Judge in the Fast Track Court. Pursuant to the above order of appointment, on 11.04.2002 writ petitioner was posted as an ad hoc Additional District Judge in the Fast Track Court at Bargarh where he joined on 26.04.2002.

6. On 13.01.2003, the appellants were appointed in the Senior Branch cadre of Orissa Superior Judicial Service by way of direct recruitment under the 1963 Rules. Pursuant to the posting order dated 22.01.2003, they joined as Additional District and Sessions Judges at Cuttack and Behrampur on 03.02.2003 and 07.02.2003 respectively.

7. By an order dated 28.05.2003, the tenure of writ petitioner as ad hoc Additional District Judge (Fast Track Court), Bargarh was extended for a further period of one year or 31.03.2004 (whichever was earlier).

8. By a notification dated 15.12.2003, the writ petitioner was allowed to officiate in the Senior Branch of the Superior Judicial Service on regular basis on account of a vacancy that arose due to retirement of an officer of the Senior Branch on 31.07.2003. The writ petitioner was posted on 19.01.2004 as Additional District and Sessions Judge, Bargarh pursuant to the notification dated 15.12.2003 to which post the writ petitioner joined on 03.02.2004.

9. Appellant no. 1 was confirmed in the cadre of Senior Branch, Superior Judicial Service with effect from 03.02.2004 while appellant no. 2 was confirmed with effect from 07.02.2004. The appellants were conferred selection grade with effect from 03.02.2008 and 07.02.2008 respectively.

10. The writ petitioner was substantively appointed in the cadre of District Judge with effect from 1