JUDGMENT

RANJAN GOGOI, J.

1. What should be the right balance between equitable claims and the demands of the law is the constant quest of the judicial system. Delicate and complex by itself, the task becomes even more formidable and challenging if a resolution is postponed. Time, often, has the effect of strengthening equitable claims and blurring the corresponding legal entitlements. This is precisely what had happened in the present case wherein we have been called upon to decide on the correctness of the answer provided by the High Court of Delhi in a situation involving its own employees.

Civil Appeal No. 5838 of 2012

2. The Delhi High Court Establishment (Appointment & Conditions of Service) Rules, 1972 (hereinafter for short ‘the Rules’) came into effect from 1.9.1972. The Rules provided for 100% selection to fill up the post of Assistants [later designated as ‘Senior Judicial Assistants’ (SJA)]. The selection was to be made on the basis of a test from members of the High Court establishment with minimum 5 years of service. In 1978 i.e. from 20.9.1978 the Rules were amended by providing avenues of promotion to fill up the post of SJA to the extent of 50%. Such promotion was