G. R. LUTHRA, ADDITIONAL DISTRICT JUDGE, DELHI. vs LT. GOVERNOR, DELHI & ORS.

The Supreme Court held that under Rule 6(3) of the Delhi Higher Judicial Service Rules, 1970, seniority is determined by the length of service in the relevant cadre at the time of initial recruitment, encompassing both temporary and permanent positions. The Court dismissed the appellant's appeal, affirming that the respondents, who had longer service in their respective states as Additional District and Sessions Judges, were rightly considered senior despite the appellant's confirmation in a permanent post. The ruling clarified that seniority cannot solely depend on confirmation, as it would undermine the principle of length of service.