RAJBIR SINGH, HFS-IIversusTHE STATE OF HARYANA AND ANR.
- Citation
- 1996 INSC 18
- Decided
- 4 January 1996
- Disposal
- Dismissed
Holding
The court cannot decide the inter-se seniority issue without the affected party being impleaded; the appellant may file a fresh writ petition with proper impleadment.
Summary
The appellant, Rajbir Singh, challenged the inter-se seniority between himself and M.P. Sharma, who had been appointed to an additional post as a general candidate. The High Court had dismissed the writ petition without addressing the seniority issue because Sharma was not made a party to the proceedings. On appeal, the court held that it could not consider the seniority dispute in the absence of the affected party’s impleadment. Consequently, the appeal was dismissed, but the court indicated that the appellant could file a fresh writ petition in the High Court, properly impleading the concerned parties, to obtain relief. No costs were awarded.
Issues considered
- Whether the court can adjudicate an inter-se seniority dispute when the party whose seniority is challenged is not impleaded.
Subjects
Judgment
RAJBIR SINGH, HFS-II A
v.
THESTATEOFHARYANAANDANR.
JANUARY 4, 1996
... [K. RAMASWAMY ANDG.B. PATTANAIK, JJ.]
B
Service Law :
Inter-se seniority--Party whose seniority is challenged not impleaded-
High Court dismissing the writ petition-Open to the party to approach the
High Court to .file fresh Writ petition impleading the affected parties.
c
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 1530 of 1996.
From the Judgment and Order dated 3.6.92 of the Punjab and Haryana
High Court in C.W.P. No. 7172 of 1992.
K. Madhav Reddy, R.K. Talwar, Goodwill Indeevar for the Appellant.
D
LS. Goyal, Ms. Indu Malhotra and Ravindra Bana for the State.
S. Balakrishnan and M.K.D. Narnboodri for the Impleading party.
The following Order of the Court was delivered :
Application for impleadment is dismissed as withdrawn. E
Leave granted.
We decline to express any opinion on merits since M.P. Sharma, who
was appointed to an additional pos_t as a general candidate pursuant to the
direction issued by the High Coui;t in Writ Petition No. 13700/90, on July
8, 1990 while the appellant was regularly selected by the Public Service F
Commission and appointed earlier to him,. is not made a party to these
proceedings. The main thrust of the argument is on in.terse seniority between
the appellant and M.P. Sharma. But in the abse_nce of M.P. Sharma being
impleaded as a party respondent to these proceedings, we cannot go into the
question. Under these circumstances, we do find that though the High Court G
dismissed the writ petition in limine, it would be open to the appellant to
approach the High Court, if so advised, to file a fresh writ petition impleading
the affected parties and seek his remedy according to law.
The appeal is dismissed accordingly. No costs.
GN. Appeal dismissed. H
157
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