( 1 ) PETITIONER in this case are all employees of Municipal Corporation of Delhi who were appointed as Labour Welfare Superintendents (hereinafter referred to as "lws" ). Petitioner Nos. 1 and 2 were appointed to the aforesaid post in the year 1983 and petitioner No. 3 was appointed to the same post in the year 1986. The next promotion is to the post of Assistant Labour Welfare Officer (hereinafter referred to as "alwo" ). The Regulations which govern promotion to the aforesaid at relevant time were promulgated vide Gazette Notification dated 6th August, 1976. As per these Regulations post of ALWO is a selection post. Method of recruitment to this post was by promotion failing which by direct recruitment. Although age limit, educational and other qualifications required for direct recruits were prescribed, it was mentioned that the same were not to be applicable in respect of promotees. The only requirement for promotees was three years service in the grade of LWS after appointment on regular basis. The petitioner Nos. 1 and 2 became eligible for due consideration for promotion in the year 1998 and petitioner No. 3 became eligible for promotion to the said post in the year 1991. Petitioners were in fact promoted to the post of ALWO also after their due consideration in terms of aforesaid Regulations. However, they were given ad hoc promotions. The petitioners submit that they were not considered for promotion on regular basis as ALWO althou they were eligible and vacancies on regular basis existed. The petitioners attributed this to the fact that the administrative wing of the respondent dealing with promotions, appointments etc. is manned by Superintendents and Administrative Officers. Since these posts compete with ALWOs for further promotion, it has always been the effort of the personnel department to delay promotions in the Labour Welfare Wing so that they get late regular appointments as ALWO. This adversely affect their further promotion to the post of Deputy Assessor and Collector/ Assistant Commissioner. Petitioners have tried to demonstrate the mala-fides of the personnel department manned by Administrative Officer that Sh. S. P. Sharma and Laxmi Chand Gupta were promoted from the post of Head Clerk to post of Superintendent in 1984. They were promoted as Administrative Officers in the year 1988 and in the year 1992, they were promoted as Deputy Assessor and Collector/assistant Commissioner. It was also submitted that the petitioners who were appointed as LWS in 1983 and 1986 respectively are still languishing as ALWO many of them as ad-hoc even till date. In 1981 the post of LWS was a Group B post and that of Superintendent was a Group C. In these circumstances, petitioners filed CWP No. 1658/93 wherein they prayed :

(A) a writ of mandamus or any other suitable writ, order or direction in the like nature directing the respondent to fix the seniority of petitioners 1 to 11 in the combined seniority list of Assistant Labour Welfare Officers and Administrative Officers/assistant Assessor and Collectors given to the petitioners benefit of deemed regular appointment as Assistant Labour Welfare Officer w. e. f. 19. 5. 1988, and 19. 8. 1991 the date from which the petitioners 1 to 7 and 8 to 11 respectively were given ad-hoc appointment after holding D. P. C. to the post of Assistant Labour Welfare Officer;

(B) a writ of mandamus or any other suitable writ, order or direction in the like nature directing the respondent to consider the petitioners for further promotion to the post of Deputy Assessor and Collector/assistant Commissioner, as per the Recruitment Regulations to the said post.

( 2 ) RULE in the petition was issued and interim orders passed to the effect that any promotions made shall be subject to outcome of the writ petition.

( 3 ) WHILE this writ petition was pending, MCD introduced and published new Recruitment Regulations vide Gazette Notification dated 24th December, 1996 amending the 1976 Recrui