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4. The appellant was appointed to a Fast Track Court, as an ad hoc District Judge in the year 2003. The appellant was practising as an advocate at the relevant time, and the appointment was made pursuant to selections made for appointment to the post of ad hoc District Judges. Pursuant to her selection to preside over a Fast Track Court, she joined duty on 25.10.2003. On 28.05.2004, the second respondent-High Court issued notification, inviting applications for regular appointments to the posts of District & Sessions Judges in the A.P. Higher Judicial Service. A set of ad hoc District Judges appointed to the Fast Track Courts filed C.A .@ S.L.P(C) No.20990/17 etc. etc. writ petition in W.P.No.11273 of 2004 questioning such notification. In the aforesaid writ petition all the ad hoc District Judges who were selected to preside over the Fast Track Courts, prayed for absorption against regular vacancies. The writ petition was dismissed by the High Court by order dated 13.07.2004. Aggrieved by the aforesaid judgment, a Special Leave Petition (C)No.17338 of 2004 was filed by the ad hoc District Judges. While granting leave, this Court, by interim order dated 09.03.2006 passed in Civil Appeal No.1276 of 2005, has observed that any appointments that would be made in regular selections, will be subject to the result of the civil appeal. Subsequently, the above said civil appeal was disposed of along with a batch of matters, which were decided on 19.04.2012 which is reported as Brij Mohan Lal (2) v. Union of India & Ors.1. While considering the validity of notification dated 28.05.2004, which was issued for making appointments to the posts of District & Sessions Judges and the claim of absorption made by the ad hoc District Judges, who are appointed to preside over Fast Track Courts, this Court in paragraph 175 has observed as under :

9. On the other hand, learned counsel Ms. Uttara Babbar, appearing for the High Court has submitted that the very appointment of the appellants as ad hoc District Judges was only to preside over the Fast Track Courts under the special rules framed for recruitment of ad hoc Judges. It is submitted that in the very same rules, it is made clear that they have no claim against regular vacancies. Further it is contended that when (2000) 8 SCC 25 (2002) 5 SCC 1 (2013) 3 SCC 658 C.A .@ S.L.P(C) No.20990/17 etc. etc. their claim for absorption is rejected by the High Court and confirmed by this Court, it is not open for the appellants to claim seniority from the date of initial appointment. It is further submitted that all the persons who will be affected, in the event of grant of relief as claimed by the appellants are not even made party respondents. Learned counsel has submitted that similar issue i.e. claim of seniority over persons who are appointed against the substantive posts is considered and rejected by this Court in the case of V. Venkata Prasad & Ors. v. High Court of Andhra Pradesh & Ors.5. It is submitted that in the aforesaid judgment Rules 2, 6 and 7 of Andhra Pradesh State Higher Judicial Service Special Rules for Ad Hoc Appointments, 2001 were considered. In the aforesaid judgment, this Court has categorically held that appointments in respect of Fast Track Courts are ad hoc in nature and no right accrues to such appointees.

10. Having heard the appellant appearing in person and learned senior counsel appearing for the appellant in Civil Appeal arising out of S.L.P(C) No.13046 of 2018 and other counsels, we have perused the written submissions and other material placed on record. (2016) 11 SCC 656 C.A .@ S.L.P(C) No.20990/17 etc. etc.

11. When the Fast Track Courts were established in the State of Andhra Pradesh out of the grants made available by the 11th Finance Commission, for making appointments to preside over such courts, a separate set of rules, namely, Andhra Pradesh State Higher Judicial Service Special Rules for Ad Hoc Appointments, 2001 were issued. The said rules were framed in exercise of powers conferred by Article 233 and the proviso to Article 309 of the Constitution of India. The appellant was initially appointed as per the aforesaid Rules. Rule 1 of the said Rules deals with the constitution of service and Rule 7 lays down the terms and conditions of the appointment. Rule 7(1)(B) states that a person appointed under Rule 2(i) shall not be regarded as a member of permanent cadre covered under Rule 2 of Special Rules and is not entitled to any preferential right to any other appointment. The said Rules are framed only for the purpose of selecting District Judges on ad hoc posts for presiding over Fast Track Courts. The Fast Track Courts were established initially for a limited period of five years as per the grant provided in the 11th Finance Commission. All these selections which were made on ad hoc basis, are not for any posts C.A .@ S.L.P(C) No.20990/17 etc. etc. in the regular cadre of A.P. Higher Judicial Service. After the appointment of the appellant in the year 2003, when the second respondent has issued notification inviting applications for recruitment to the posts in regular vacancies of District Judges, certain Fast Track Court Judges have questioned the very notification by claiming absorption in the regular vacancies. Such plea of the appellants was rejected and confirmed by this Court, in clear terms, while disposing of the matter in Brij Mohan Lal (2) (supra) para 175. Their challenge to the notification issued in the year 2004 for recruitment to the regular cadre posts of District Judges is also rejected.

13. The claim of the appellants that they were appointed as ad hoc District Judges by following the procedure which is similar to the procedure for appointments to the sanctioned posts in the regular cadre, is no ground to accede to their request to reckon their seniority in the permanent cadre of District Judges, from their initial appointment as the District Judges for the Fast Track Courts. The appointments which came to be made for selecting District Judges for Fast Track Courts sanctioned under the 11th Finance Scheme are totally different and distinct, compared to appointments which are to be made for regular vacant posts of District Judges covered under A.P. Higher Judicial Service. If a person is not appointed to any post in the cadre, such person cannot claim any C.A .@ S.L.P(C) No.20990/17 etc. etc. seniority over the persons who are appointed in vacant posts in the cadre. The Fast Track Courts which were sanctioned initially for five years from the grants of 11th Finance Commission, were continued in some States beyond such period with the assistance, from States and such Fast Track Courts were discontinued in some other States. Merely on the ground that they were selected by following the same procedure akin to that of regular selections, is no ground to consider their claim for grant of seniority from the date of initial appointment. When their claim for regularisation/absorption and challenge to notification issued in the year 2004 for making selections to the vacant regular posts of District Judges is rejected by the High Court and confirmed by this Court, we are of the view that the appellants have no basis to claim seniority from the date of initial appointment. In any event, having applied in response to the notification issued by the High Court in the year 2013 after availing the benefit of appointment, it is not open to the appellants to question the conditions imposed in the order which is in conformity with rules. Undisputedly, appellant was appointed as ad hoc District Judges to preside over the C.A .@ S.L.P(C) No.20990/17 etc. etc. Fast Track Courts only. Initially when she was not appointed to a post or category of posts, forming part of cadre strength in such category, appellant cannot claim any seniority over the persons regularly appointed in the category of posts forming part of cadre strength. There is yet another ground to reject the claim of the appellant. Though the appellant claims seniority over the persons who are appointed in regular vacant posts forming part of cadre strength but they are not even made parties. On this ground also, the claim of the appellants deserves rejection.