GIAN SINGH Vs. HIGH COURT OF DELHI

JUDGEMENT

(1.) THIS petition is filed by the two Petitioners who were the employees in the office of District & Sessions Judge, Delhi. They have since retired. However, at the time of filing of this petition, they were in service and were holding the post of Senior Stenographers. The next promotion is to be the post of Superintendent for which selection was held by the Departmental Promotion Committee (DPC) in the year 1995 and promotions were made vide orders dated 17th May, 1995 pursuant to the recommendations of the DPC. The Petitioners were not selected for promotion to the said post and instead promotion was given to Respondent No. 4 to 6 which is the cause of their grievance. In this writ petition the Petitioners are seeking the following relief:

(2.) AS mentioned above, the Petitioners belonged to the category of Senior Stenographers and in the seniority list of Sr. Stenographers, they were placed at Sl. No. 1 and 2. Respondents No. 4 to 6, on the other hand, were working as Reader, SAS Accountant and Reader respectively. The employees belonging to all these cadres including Sr. Stenographers are eligible for consideration to the post of Superintendent. Admittedly, at that point of time, there were no service rules for promotion to the post of Superintendent in the District Courts, Delhi framed by this Court and the service conditions of lower court staff were governed by Rules and Orders of Punjab & Haryana High Court V -I, Chapter 18 -A and the rules made therein by the Punjab & Haryana High Court:

(3.) A request dated 22nd July, 1992 was received from the District & Sessions Judge, Delhi for filling up of three posts of Superintendent which were going to fall vacant on the ensuing retirement of three incumbents namely Mr. Jaswant Singh, Mr. C.D. Sidhu and Mr. M.C. Verma on 28.2.1993, 31.5.1993 and 30.6.1993 respectively.