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7.The petitioner wants to add certain words in Rule 6(3) which do not exist viz he wants to read the Rule to the effect "length of service rendered by them substantively as confirmed District/Addl. District & Sessions Judges in the cadre of Higher Judicial Service to which they belong permanently". No cannon of interpretation would permit the petitioner to add words in the Rules which the Rule making authority deliberately avoided to incorporate. The plain meaning of the words as they occur in this Rule do not permit any other construction except that the length of service whether substantive or temporary rendered by the candidates is to be recognised and compared for the fixation of seniority, equated with "cadre post" or the "service". The "cadre", "cadre post" and "service" are different words having different connotations, meaning and import and cannot be equated with each other. The meaning of cadre given in Webster's Dictionary is "frame or framework". The word "cadre" has been defined in Fundamental Rules (FR) vide FR 9(4) which means "the strength of service or a part of service sanctioned as a separate unit". Strength can be permanent as well as temporary. Fundamental Rules are applicable to the services in Union Territory of Delhi. Framers of the Delhi Rules obviously gave the same meaning to the word "cadre" used in Rule 6(3) as given in Fundamental Rules. As the Fundamental Rules were applicable to Union Territory of Delhi, the framers of the Rules advisedly did not think it necessary to incorporate the definition of "cadre" in the Delhi Rules. Cadre, as already stated, can consist,of permanent or both permanent and temporary or even temporary post only. 8 Temporary posts are additions to and a part of the cadre. Even if the Respondents were appointed as temporary Addl. District & Sessions Judges against temporary posts, they were still holding the posts borne on the cadre of District/ Addl. District & Sessions Judges of Higher Judicial Service. Kindly see 1969 Service Law Reporter page 622 Full Bench of the Punjab and Haryana High Court and A.I.R. 1971 Punjab & Haryana High Court page 113 and 1973 Supreme Court Cases Vol. III page 1 (where this Hon'ble Court has held that the cadre consists of permanent and temporary posts).

cadres to which they belong" means that a person is a member of the cadre in a substantive appointment against a permanent post. The use of the expression "cadres" in contrast to the expression "cadre" which is used in Delhi Judicial Service Rules shows that recruitment is from two distinct cadres of Additional ]District and Sessions Judges and District and Sessions Judges. For purpose of seniority what is relevant is the date of confirmation and not the date of appointment in an officiating or temporary capacity. In order to examine the contentions of the appellant it is necessary to appreciate as to why and for whose benefit these Delhi Rules were framed. These Rules were framed for those who were functioning as Additional District and Sessions Judges at Delhi. There were 11 such persons. In Rule 6(3) the concentration is on the length of service rendered by the candidates appointed at the initial constitution. At the initial constitution of the Delhi Higher Judicial Service it appears that the respondents and the appellant were all rendering service as Additional District and Sessions Judge. The fallacy of the appellant is that the appellant wants to equate cadre with substantive appointment to a permanent post. This construction totally overlooks the fact that the Delhi Higher Judicial Service was constituted with persons who rendered service as Additional District and Sessions Judges in temporary posts or in temporary capacity against permanent posts. There were altogether five permanent and six temporary posts of District and Sessions Judges and Additional District and Sessions Judges. The respondents and the appellant were all recruited as temporary Additional District and Sessions Judges. The important yardstick in the determination of seniority is the length of service rendered by them in the cadre. "Cadre post" in the Fundamental Rules means a post as specified in. the Schedule and includes a temporary post. The Delhi Higher Judicial Service Rules does not define " cadre" but defines "cadre post" to include a temporary post. The words "in the cadre to which they belong" in Rule 6(3) cover the cases of permanent as well as temporary Additional District and Ses- sions Judges at the time of initial recruitment. in Fundamental Rule 9(22) "permanent post" means a post carrying a definite rate of pay sanctioned without limit of time. Fundamental Rule 9(30) defines "temporary post" as a post carrying a definite rate of pay sanctioned for a limited time. Temporary posts may be posts created to perform the ordinary work for which permanent posts already exist. Temporary posts may also be temporary addition to the cadre of a service. "Cadre" in Fundamental Rule 9(4) means the strength of a service or part of a service sanctioned as a separate unit. In the case of a temporary addition to the cadre of a service the power of the authorities to create such a post will depend on the provisions of the Rules. Isolated posts may be created for the performance of special tasks unconnected with the ordinary work which a service is called upon to perform. Such temporary posts are treated as unclassified and isolated ex-cadre posts. ]Here again the power to create the post depends on the provisions contained in the Rules. Where however temporary posts are considered as temporary additions to the cadre of a service the incumbents of those posts will draw their time scale pay.
The Punjab Superior Judicial Service Rules, 1963 defines "cadre post" mean a permanent post in the service and "ex- cadre" post means a post of the same rank as a cadre post. The, aforesaid Punjab Rules show that cadre means incumbents of both permanent and temporary posts. Rule 12 of those Punjab Rules states that to seniority of the substantive members of the service, whether permanent or temporary, shall be determined with reference to the respective dates of their confirmation. These Punjab Rules are referred to only for the purpose of showing that where confirmation is the decisive factor to determine the seniority the Rule states so.