This appeal which was pending had arisen from a suit which has been filed by one of the Junior Clerks, wherein the civil companyrt had passed a decree on 19 5 1979 inter alia directing the respondent to fill up to posts of Assistant Accountant which were calculated to be 171 in number and the posts were required to be filled on the basis of the 1978 Rules.
5771 of 1993 was filed by the Senior Clerks who were holding the current duty charge of Assistant Accountants and who are represented by Mr. G.L. Sanghi and their claim was as they were upgraded to the post and have been working as Assistant Accountants for a number of years, their services should be regularised in the post of Assistant Accountants.
Briefly stated the facts are that there were statutory rules which were framed in 1978 inter alia dealing with the question of promotion to the various posts in the respondent Organisation.
An appeal was filed against this judgment which was referred to in the aforesaid office order date 4 1 1990.
The aforesaid appeal was dismissed on 21 12 1992.
Some ad hoc arrangement was made and the appellants in Civil Appeals Special Leave Petitions C Nos.
Only 79 persons who had appeared in the examination were appointed as Assistant Accountants.
At long last the respondent advertised the post in January and after a period of nearly 12 months, the examination was held on 26 12 1993.
In the absence of a definite figure, we must proceed on the basis that the number of vacancies which were available and which were required to be filled were 171, which is the number which was specified by the civil companyrt in its decree dated 19 5 1989.
It was also stated therein that the arrangement was without prejudice to the outcome of the decision in the matter of an appeal which was filed by the management against the judgment of the trial companyrt pending before the Additional District Judge, Delhi.
This was pursuant to a resolution passed by the Corporation.
Two set of writ petitions were thereafter filed in the Delhi High Court.
The decree of the civil companyrt became final and numbersteps were taken by the respondent to challenge the said decision.
On the examination being held, the results were declared in February 1994.
It appears that numberexamination was held for filling up the post of Assistant Accountant for a number of years.
It was filed by the Junior Clerks who had taken the examination and the prayer in their writ petition was that the respondents should have filled the vacancies which were filled should number have been restricted to 79, It appears that though the Senior Clerks who were holding the current duty charge in the higher post of Assistant Accountants, companyld take the examination which was held in December 1993, it is only a few of them who took the examination.
The appellants are all employees of the Delhi Electric Supply Undertaking and the question which arises for companysideration relates to the appointment to the post of Assistant Accountant under Respondent 1.
For the post of Assistant Accountant there were two feeder posts, one was that of Senior Clerks with three years experience and the other was of the Junior Clerks with eight years experience.
Civil Writ No.
Leave granted.
2356 of 1994.
According to the advertisement the posts which were to be filled were those which were available on the date.
During the pendency of the writ petitions the Corporation amended the Rules in 1995.
The other petitions was Civil Writ No.
