JUDGEMENT

NEENA BANSAL KRISHNA, J

1. The present Writ Petition has been filed under Article 226 of the Constitution of India, 1950 to challenge the impugned decision dated 08.10.2022 of the Seniority Committee of the Respondent No. 1 (on it’s administrative side) and impugned decision dated 16.12.2022 of the Full Court of the Respondent No. 1/ High Court, confirming the seniority of the petitioner. Relief is also sought for implementation of decision dated 25.05.2016 of the Seniority Committee of the Respondent No.1 and to grant the petitioner the Selection Grade, Super Time Scale as well as consequential promotion and seniority from such date as she is found entitled in terms of the said decision dated 25.05.2016.

2. Briefly stated, the Petitioner was appointed to the Delhi Higher Judicial Services (hereinafter "DHJS") by direct recruitment against a permanent post on 16.07.2008, vide Notification dated 09.07.2008.

WP (C) 4075/2023 Page 3 of 49 3. The respondent No. 1/Delhi High Court, vide Letter No. 22/DHC/Gaz/SG/VI.D10/2013 dated 02.09.2013, granted Selection Grade to 47 DHJS Officers, wherein the petitioners' name did not feature. Sl. No.2 of the Note to the said letter provided that “Grant of Selection Grade to the officers from Sl. No.40 onwards is subject to finalisation of their seniority in DHJS cadre”.

4. The petitioner has claimed that the following 27 Officers of Delhi Judicial Services (hereinafter "DJS",) were appointed to DHJS on temporary basis with effect from the date they assumed their charge vide Notification dated 07.12.2005 :-

1. Mr. Daya Parkash 15. Mr. Chandra Bose 2. Mr.Virender Kumar Bansal 16. Mr. Ajay Kumar Kuhar 3. Mr. Virender Kumar Goyal 17. Mr. Gurvinder Pal Singh 4. Ms. Seema Maini 18. Ms. Mamta Tayal 5. Ms. Anju Bajaj Chandna 19. Mr. Sunil Kumar Aggarwal 6. Mr. Rajnish Kumar Gupta 20. Mr. Mahesh Chander Gupta 7. Mr. Raj Kumar Chauhan 21. Mr. Harish Dudani 8. Ms. Kamini Lau 22. Mr. Alok Aggarwal 9. Ms. Sarita Birbal 23. Mr. Nivedita Anil Sharma

10. Mr. Surender Kumar Sharma 24. Mr. Laxmi Kant Gaur

11. Mr. Paramjit Singh 25. Mr. Sanjiv Jain

12. Mr. Vinay Kumar Khanna 26. Mr. Kanwal Jeet Arora

13. Mr. Sanjeev Jain 27. Mr. Sanjay Kumar Aggarwal

14. Ms. Pinki

5. The same Notification dated 07.12.2005 further appointed 15 Officers of DJS (appearing at Sl. Nos. 23 to 39 in List dated 02.09.2013) on ad-hoc basis against ex-cadre posts meant for Fast Track Courts, w.e.f. 04.01.2006 subject to their furnishing an Undertaking that they will not claim seniority at the time of their appointment on regular basis in DHJS from the date they assume the charge. Subsequently, two more Officers (appearing at Sl. No. 26 and 38 in List dated 02.09.2013) were appointed on ad-hoc basis against WP (C) 4075/2023 Page 4 of 49 ex-cadre posts meant for Fast Track Courts vide Notification dated 08.06.2007 and 21.07.2011 respectively w.e.f. 04.01.2006. The details are mentioned hereinbelow:-

Corresponding Sl. No. in List dated 02.09.2013 Corresponding Sl.

No. in Notification dated 07.12.2005 Name of Officer

23. 1. Mr. SudeshKumar

24. 2. Mr. Gulshan Kumar

25. 3. Ms. Nisha Saxena

26. - Mr. Shahabuddin

27. 4. Mr. Ashwani Kumar Sarpal

28. 5. Mr. Sanjay Sharma

29. 6. Mr. Rajender Kumar Shastri

30. 7. Mr. Narinder Kumar

31. 8. Mr. Inder Jeet Singh

32. 9. Ms. Santosh Snehi Mann

33. 10. Mr. Pawan Kumar Jain

34. 11. Mr. Atul Kmar Garg

35. 12. Mr. Gurdeep Singh

36. 13. Mr. Bharat Parashar

37. 14. Mr. Ram Bhagat Singh

38. - Mr. B.S. Chumbuk

39. 15. Mr. Rakesh Kumar

6. It is claimed that aforementioned Officers were neither promoted in substantive capacity nor against the s