SHRI G. R. LUTHRA, ADDITIONAL DISTRICT JUDGE, TIS HAZARI COURTS DELHI Vs. THE ADMINISTRATOR (LT. GOVERNOR OF DELHI) UNDER THE DELHI HIGH JUDICIAL SERVICE RULES, RAJ NIWAS, DELHI, AND ORS.

JUDGEMENT

(1.) This writ petition has been filed by Shri G. R. Luthra, Additional District Judge, Delhi with a prayer that a writ of certiorari be issued calling for certain records relating to the appointment of Judges to the Higher Judicial Service of Delhi, and for quashing the seniority as already fixed, and for the issuance of a writ of mandamus directing the Administrator to place him in the seniority list at No. 4 instead of No. 7. By a subsequent amendment, it has further been prayed that promotion of respondents Nos. 2 and 3 to the selection grade by order dated Nov. 15, 1971 be quashed. The Administrator, (as defined in the Delhi Higher Judicial Service Rules, 1970, herein called the Delhi Rules'), has been impleaded as respondent No. 1, while Shri K. S. Sidhu, Shri O. N. Vohra and Shri J. D. Jain, Additional District Judges, Delhi have been impleaded as respondents Nos. 2, 3 and 4 respectively.

(2.) The petitioner and respondents Nos. 3 and 4 were selected for appointment to the Punjab Civil Service (Judicial Branch), in Punjab, as a result of a competitive examination held in 1950. Respondents Nos. 3 and 4 took over as Sub-Judges on Aug. 4, 1950, while the petitioner took over as such on Aug. 7, 1950. The services of respondent No. 2, who had joined as a Sub-Judge-cum-Magistrate on Oct. 27, 1948 in the earst-while State of Pepsu, were transferred to the Punjab on the merger of Pepsu with Punjab in 1956. He was later appointed as officiating Additional District and Sessions Judge, against a temporary post in the Punjab Superior Judicial Service with effect from Jan. 15, 1966.

(3.) On the reorganisations of the Punjab State with effect from Nov. 1, 1966, under the Punjab Re-organisation Act, 1966, services of the petitioner were allocated to the newly formed Slate of Haryana, while those of respondents Nos. 2, 3 and 4 were allocated to Punjab The petitioner, as also respondents Nos. 2 to 4, who had been working on deputation in Delhi, however, continued to do so. A joint list of seniority of the members of the Punjab Civil Service (Judicial Branch) was prepared and published vide notification No. 12-7/68-Apptt. dated Simla-2, the 21st March, 1968, by the Government of Himachal Pradesh, showing seniority-wise, respondent No. 2 at serial No. 41, respondent No. 3 at serial No. 42 respondent No. 4 at serial No. 43 and the petitioner at serial No. 47.