AYODHYA SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present writ petition is to the order (Annexure P/6) dated 02.04.2011 passed by the respondent No.2. The said order is an order of promotion promoting the persons belonging to Assistant Grade-III being promoted to the post of Accountant in the Mandi Board.

(2.) During the course of hearing, on perusal of record it has been found that though it is an order of promotion and the order of promotion reveals that there are around 40 persons who were promoted to the post of Accountant. However, none of these promoted persons have been made party in the present writ petition.

(3.) Today when the matter was heard, the learned counsel for the respondents No.2 to 4 submits that the said order dated 02.04.2011 (Annexure P/6) had been immediately acted upon and all the 40 persons have assumed the promoted post and were discharging their duties since then. In the absence of none of these 40 persons as party respondent in the present writ petition, this court if of firm view that the writ petition would not be maintainable as in their absence if the writ petition is allowed, it would have a serious repercussions of the 40 persons being reverted it back to their original post losing their promotion without getting an opportunity of defense or hearing by this court.