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65. Learned counsel on behalf of the petitioner in the written submissions, have reiterated the averments made in the petition. It is contended that Rule 2 (b) of the 1970 Rules defined "Cadre Posts" inter- alia to mean any post specified in the Schedule. The Schedule, as it then stood, did not include Fast Tack Courts.

66. Additionally, the detailed decision dated 25.05.2016 referred to the case laws for the proposition that seniority in a cadre will not accrue unless the candidate becomes a member of the service in which seniority is claimed. Members at Sl. no. 30-39 cannot be entitled to seniority as they were never promoted in substantive capacity.

79. Thus, an appraisal of the framework of the DHJS Rules, 1970 is warranted to effectively deal with the issue of inter-se seniority between the Promotee Officers and the Direct recruits, as has arisen in the present case.

80. Section 2(b) of the Delhi Higher Judicial Service Rules, 1970 defined cadre post to mean any post specified in the Schedule and to include a temporary post carrying the same designation as that of any of the posts specified in the Schedule or any other temporary post declared as ex cadre post by the Administrator. Rule 7 pertains to the Recruitment to the Service by way of promotion amongst the Officers who had completed not less than 10 years in DJS or by direct recruitment from the Bar. This Rule further provided that not more than 1/3rd substantive posts shall be held by direct recruits. Rule 8(2) pertained to the Seniority of the Direct Recruits viz a viz Promotees. Rule 16 empowered the Administrator to make temporary appointments. Rule 17 allows filling up of substantive vacancies by making temporary appointments under Rule 16.

81. The definition of Cadre Post and its implications in the light of the service rules were considered in detail in the case of O.P. Singla (Supra). In this case while considering the DHJS Appointment Rules, the Apex Court interpreted that Rule 2(b) defining Cadre post meant that the post specified in the Schedule and included a temporary post carrying the same designation as that of any of the posts specified in the Schedule. It was observed that the first part of the definition says that the Cadre Post means a post specified in the Schedule. Posts, therefore, by reason of first part of the definition, are the posts in the service are cadre posts. The second part of the definition includes a temporary post carrying the same designation as that of any of the posts specified in the Schedule. Since it was permissible under this Rule to create temporary posts in service, such posts were also designated as Cadre Posts. It was observed that it would be anomalous to treat a post in service as an ex-cadre post merely for the reason that the post is temporary.

101. Furthermore, their appointment by the High Court had been made under Rule 16 or Rule 17 after due consultation and approval of the High Court and they were qualified to hold the promotional post inasmuch as they all had completed their ten years in continuous service in DJS, in accordance with the principles as enunciated in OP Singla, (supra) and Rudra Kumar Sain, (supra). By no stretch of interpretation can it be said that their appointments were not made in DHJS Cadre because though these appointments were defined as appointments on ad hoc basis against ex-cadre posts meant for Fast-track Courts, the said posts were cadre posts, these officers were the ones who were eligible for promotion to DHJS, they were appointed to posts carrying the same designation as Additional District & Sessions Judge and had been appointed by the High Court after following the regular promotional process, including the eligibility conditions.