O P SABHARWAL Vs. HONBLE CHIEF JUSTICE

JUDGEMENT

(1.) This is a petition filed under Article 226 of the Constitution of India by Shri O. P.Sabharwal, a Reader of this Court, impugning the joint seniority list of Superintendents/ Readers/Private Secretaries of the Delhi High Court, dated 8-5-1972. as also the constitutional validity, of the first proviso to Rule 6 of the Delhi High Court Staff (Seniority) Rules of 1971. The petitioner has also prayed for a writ order or direction in the nature of a mandamus to respondents Nos. 1 to 4 to refix the seniority of the petitioner in accordance with law. The petitioner also filed a separate miscellaneous application, C. M. 1584 of 1974, which prayed for certain additional grounds to be allowed to be urged by the petitioner in support of his petition as well as praying that Rule 4 of the aforesaid Rules be declared as void and to quash the order dated 15th September, 1972, confirming the petitioner and various other respondents.

(2.) Respondents 1 to 4 to the writ petition are:

(3.) Respondents 5 to 15 were appointed to the post of Reader or an equal status post of Private Secretary and Superintendent on the dates shown against their names as under: Petitioner O. P. Sabharwal 11-8-67 Respondent No. 5 P. N. Chopra 31-10-67 Respondent No. 6 D. C. Malhotra 21-1-69 Respondent No. 7 P. L. Bhambri 11-8-67 Respondent No. 8 C. S. Rawat 3-4-69 Respondent No. 9 Chiranji Lal 1-5-69 Respondent No. 10 Rajinder Singh 1-5-69 Respondent No. 11 B. Radhakrisnan 1-5-69 Respondent No. 12 Kamal Bhushan 14-5-69 Respondent No. 13 D. B. Katyal 21-9-67 Respondent No. 14 P. P. S. Premi 5-10-70 Respondent No. 15 Amarjit Singh 17-5-71 The petitioner as well as the respondents 5 to 15 were confirmed by a common order dated 15th September, 1972, by Hon'ble the Chief Justice of this Court with effect from 29th August, 1972. The impugned joint seniority list of Superintendents/ Readers/Private Secretaries is a list prepared by the High Court under Rule 6 of the aforesaid Rules, For appreciating the facts and the contentions of the parties, the relevant rules are reproduced as under: "THE DELHI HIGH COURT STAFF (SENIORITY) RULES. 1971 NOTIFICATION In exercise of the powers conferred under Article 229 of the Constitution of India, the Chief Justice is pleased to frame the following rules regulating the seniority of the High Court Staff: PART I GENERAL