The brief facts necessary for disposal of these two writ petitions may be stated hereunder.
After the judgment of this Court in Singlas case, way back in 1984, disputes arose in the matter of its implementation and the writ petitions filed in this Court under Article 32 on being referred to a Constitution Bench, on a misconceived numberion that the validity of the judgment in Singlas case is pending companysideration before a Constitution Bench, remained pending for long 16 years and was finally disposed of by the Constitution Bench since reported in 2000 8 SCC 25, Rudra Kumar Sain and Ors.
Rule 16 companyferred power on the Administrator to create temporary posts in the service and also to fill up the same in companysultation with the High Court by persons from amongst the members of the Delhi Judicial Service.
Thus, the temporary posts created by the Administrator were intended to be filled up by promotion from the Delhi Judicial Service.
Be it be stated that the writ petitions which had been filed and were disposed of by the Constitution Bench on 22.8.2000 was at the behest of the promotee officers.
The second round of litigation was at the behest of some direct recruits, claiming seniority over some of the promotees and that stood disposed of on 31.1.2001.
The said rules define Initial recruitment in Rule 2 g to mean the first recruitment and appointment made to the service after the companymencement of the rules and Rule 5 provides the method of recruitment to the service subsequent to the initial recruitment and Rule 6 provides the method for having the initial recruitment.
These two writ petitions are at the behest of promotee officers, one by the Association and another by an individual.
While the Association of promotee officers claimed the relief that the vacancies available prior to 1987, when Delhi Higher Judicial Service Rules stood amended, will have to be filled up under the pre amended rules and, therefore, the advertisement that was issued on 6.4.1987, inviting applications for filling up 10 posts by direct recruitment must be struck down, the other application by an individual promotee officer assails the validity of Rules 7, 8, 16 and 17 of the amended rules, which were brought on 17th of March, 1987.
With Writ Petition civil No.
The Rules came into force on being published in the Gazette in 1971.
The present two writ petitions were initially also there before the Constitution Bench, but in view of the fact that the subject matter of dispute was different, an order had been passed to de link these two matters.
vs. Union of India and Ors.
