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for short), that pertain to the selection to the posts of Assistant Registrar, was in challenge. Rule 3 of these Rules dealt with joint inter-se seniority of confirmed employees in categories of equal status posts. There was a joint seniority list for three categories of employees, they being:-
             (1)    Superintendents

             (2)    Court Masters

             (3)    Private Secretaries.

      Rule 7 provided the mode of appointment.            It provided that the

appointment to the post of Assistant Registrar could be made by selection on merit from confirmed officers of categories 5, 6 and 7 of Class I mentioned in Schedule I. These categories were none other, but the Superintendents, Court Masters and Private Secretaries, meaning thereby that these were the feeder posts to the post of Assistant Registrar. The last appointment to the post of Assistant Registrar under the said Rules of 1972 was made on 1.6.1993. In the year 1994, 5 vacancies arose in the post of Assistant Registrar and the selection process was initiated and a Committee, consisting two Hon'ble Judges of that Court, was constituted. However, on 2.7.1994, a representation came to be made by the Superintendents and the Court Masters that if the promotions were made as per the existing Rules on the basis of the combined seniority list, all the 5 post were likely to be filled only by the Private Secretaries, since they were much more in number and they were promoted in large numbers. It was, therefore, necessary to correct the imbalance. On 12.7.1994, the Hon'ble Chief Justice of the High Court directed the representation to be placed before the Committee constituted for selection to the post of Assistant Registrar.

18. The High Court has relied on a decision in S.B. Mathur Vs. Chief Justice of Delhi (cited supra). Very significantly, this decision also related to the selection to the same post of Assistant Registrar or the same three categories with which we are concerned here. There, the Writ Petition was filed by the Superintendents, objecting to their being treated on par with Private Secretaries and the Court Masters and being included in the joint seniority list alongwith them for the purposes of promotion to the next higher post of Assistant Registrar. It was submitted that the three categories could not be treated as equal status posts, as the duties etc. for all the three posts were different. That challenge was repelled by this Court by holding that it was not necessary that the duties must be same. The Court held that for treating the certain posts as equated posts or equal status posts, even the sources of recruitment need not be the same nor the qualifications for appointment have to be identical. The Court held that all that was reasonably required was that there must not be such difference in the pay scales or qualifications of the incumbents of the posts concerned or in their duties or responsibilities or regarding any other relevant factor, that it would be unjust to treat the posts alike. The Court also noted that there was no challenge to the validity of Delhi High Court Staff (Seniority) Rules, 1971 generally or any other Rule particularly and, therefore, even if the duties and responsibilities attached to these posts were not the same, they were not so materially different as to render it inequitable that they should be treated on the same footing for the purposes of promotion and transfer. Ultimately, the Court repelled the argument that the three posts could not be treated as of equal status.