JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The instant appeal has jointly been filed by the employees who are substantively appointed as Lower Division Clerks(in short “LDC”) after going through the regular process of recruitment and qualifying written and typing tests in the year 1987 assailing the judgment passed by the Division Bench of the High Court of Delhi dated 6th December, 2018 directing the respondents who were appointed on adhoc basis in the years 19831989 and later qualified the typing test in the first or second attempt in the year 1992 or thereafter are placed enblock senior to the appellants in the seniority list of LDC on being regularized by Order dated 17th November, 2000 from the date of their initial adhoc appointment.

3. Although in the Order dated 17th November 2000, it was clearly mentioned that the seniority of the respondents adhoc employees who are regularised after qualifying typing test from the date of their initial appointment, shall be fixed separately according to rules. Admittedly, there are no rules/guidelines available for determining seniority of the employees appointed in the cadre of LDC of the ministerial staff under the subordinate judiciary of Delhi.

4. Admittedly, the respondents were initially appointed as LDC on adhoc basis during the period 19831989 and their term of appointment was extended from time to time. Since they were continued for a long period of time, Civil Writ Petition No. 1820 of 1990 was filed by them before the High Court of Delhi seeking regularization of service.

5. During the pendency of Civil Writ Petition No. 1820 of 1990, a fresh appointment process was initiated, pursuant to which a panel of 180 candidates was prepared and it was notified that the written test and typing test is scheduled to be held on 23rd August, 1992 and their grievance was that if such candidates are being appointed, that will jeopardize their claim of seniority and taking note thereof, by an interim Order dated 20th August, 1992 while keeping 26 vacancies reserved for adhoc employees, granted them protection of seniority and deferred the test which was to be held on 23rd August, 1992.

6. By a subsequent order dated 12th November 1992, the learned Single Judge of the High Court while granting exemption to the adhoc employees from appearing in the written test directed to consider them for regularization after qualifying typing test. It was further directed by the High Court in its Order dated 12th November, 1992 that the seniority of the respondent adhoc employees in the cadre of LDC vis-à-vis fresh recruits, who were to be appointed from the panel of 180 candidates shall remain protected.

7. Such of the employees/LDCs who were working on adhoc basis and qualified the typing test pursuant to an order dated 12th November, 1992 passed by the High Court in Civil Writ Petition No. 1820 of 1990 followed with the Order of the Division Bench of the High Court dated 6th April, 1994 in the earlier proceedings initiated at their instance, the District and Session Judge, Delhi(respondent no. 1), by an Order dated 17th November, 2000 regularised the services of such adhoc LDCs who qualified the typing test from the date of their initial appointment. At the given point of time, it was specifically mentioned that such of the LDCs who stand regularized from the date of initial appointment pursuant to an Order dated 17th November 2000, their seniority shall be separately fixed in accordance with rules.

8. The order passed by the District and Session Judge, Delhi dated 17th November 2000 became a subject matter of challenge by filing of Civil Writ Petition No. 7462 of 2000 before the learned Single Judge of the High Court at the instance of the present appellants and few others who are similarly situated appointed as LDCs through open selection during the year 1987, after going through the process of selection for making substantive appointment.

9. The learned Single Judge of the High Court by Order dated 10th Mar