LAWS(SC)-2008-10-66

B S MATHUR Vs. UNION OF INDIA

Decided On October 15, 2008
B.S.MATHUR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THESE writ petitions, under Article 32 of the Constitution of India, are filed by the directly recruited Additional District and Sessions Judges who were appointed to the Delhi Higher judicial Service praying for an order quashing the Resolution dated 18. 05. 2007 of the Full Court of the High Court of Delhi approving the majority report of the Administrative Committee determining the seniority of the petitioners in terms of O. M. dated 03. 07. 1986 and also quashing the final seniority list of the officers of Delhi Higher Judicial Service. They also prayed for appropriate directi on to respondent Nos. 1-4 to determine the seniority of the petitioners in terms of Rule 8 (2) read with rule 7 of the Delhi Higher Judicial Service Rules, 1970.

(2.) SINCE all the petitioners were appointed to the Delhi higher Judicial Service (hereinafter referred to as "dhjs") as additional District and Sessions Judges and the challenge as well as the relief prayed for in all these writ petitions are one and the same, they are being disposed of by a common judgment:

(3.) IN the light of the pleadings of the parties, we heard Mr. Harish Salve, Mr. Rakesh K. Khanna, Mr. P. S. Patwalia, Mr. A. K. Ganguli, learned senior counsel for the petitioners and mr. G. E. Vahanvati, learned Solicitor General, Mr. Gopal subramaniam, learned Addl. Solicitor General, Mr. Arun jaitley, Mr. R. Venkataramani and Mr. P. P. Rao, learned senior counsel for the respondents.